Kerala HC Allows Kerala Co-Op Consumers Federation To Run Ramzan-Vishu Fair Without Using It For Political Propaganda Or Electoral Gain

The Court acknowledged how citizens had to “first live and only then can they cast their ballot” while noting that protecting and sustaining the lives of the citizenry – especially the vulnerable was the most fundamental of the duties of a true welfare State and the “obligation transcends electoral politics.”

A Single Bench of Justice Devan Ramachandran observed, “These are extraordinary times even otherwise. Summer this year is oppressive; the State is concededly under economic constraints; prices of the most requisites, including food, are stated to have escalated beyond the means of many; social justice, pension/pay outs to the weakest are stated to be pending, at least in part; purchasing power of most citizens is reportedly low, exacerbated by the lingering reverberation of the pandemic disruption – the list of woes may still be longer.”

Advocate M. Sasindran represented the petitioner, while Standing Counsel Deepu Lal Mohan appeared for the respondents.

The Court in this case faced a dilemma of balancing “people’s rights and aspirations, in contra-distinction to poll time populism.”

The Kerala State Co-operative Consumers' Federation Ltd. (Consumerfed) had sought permission to conduct 'Ramzan-Vishu Fairs' to offer subsidised food items to the most marginalized sections of society requesting Rs. 5 crores from the government to offset the said subsidy.

The Election Commission of India (ECI) objected to the release of funds during the election period under the Model Code of Conduct (MCC). While the Consumerfed argued that they had already purchased the items and planned to distribute them through its outlets. Secondly, they contended that the proposed funds were within the budget allocation for such fairs.

“Election Time is surely different from any other in any vibrant democracy. It promotes distinct temporal rhythms of election, subsuming modalities of democratic deliberation, structured differently from normal time; modulated by extraordinary regulations” the Court remarked.

The Court directed the government to permit Consumerfed to conduct the fairs through Primary co-operative societies without publicity since support to citizens should not be construed as political propaganda.

The Court allowed Consumerfed to approach the government for funds after the MCC period, leaving the decision to the government's discretion.

Accordingly, the High Court allowed the petition.

Cause Title: Kerala State Co-Operative Consumers' Federation Ltd v. The Chief Election Commissioner & Ors. (Neutral Citation: 2024:KER:28470)

Appearance:

Petitioner: Advocate M.Sasindran

Respondents: Standing Counsel Deepu Lal Mohan; Spl. GP P.P.Thajudheen

Click here to read/download the Judgment