New Delhi, February 18 The Kerala government moved the Supreme Court on Wednesday, challenging a Kerala High Court order that overturned its decision to allocate ₹20 crore for the Nava Kerala Citizen Response Programme.
The move came a day after the high court described the decision as a "colourable exercise of executive power" that violated the Rules of Business, dealing a setback to the ruling CPI(M).
In its appeal, the state government argued that while exercising its Public Interest Litigation (PIL) jurisdiction, the high court had overturned a policy programme approved by the State Council of Ministers, and further overturned consequential financial sanctions and budgetary proceedings.
It stated that the court had erred in failing to appreciate the constitutional scheme under Articles 202 to 205 of the Constitution.
The Kerala government stated that the high court granted reliefs in the PIL that were not even sought, thereby transgressing the settled limits of PIL jurisdiction.
"It is submitted that the high court interfered with the government's power to implement governance and development outreach programmes and seriously prejudiced the ability of the state to take policy decisions involving public expenditure and thus disturbed the constitutional balance between the executive and judiciary," the plea said.
A high court bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M on Tuesday held that the expenditure incurred for implementing the programme is in violation of the rules of business.
The court's order came in response to two pleas, one of which was filed by the Kerala Students Union (KSU) state president, Aloshious Xavier, seeking to quash the order launching the programme and restrain the government from "misusing public funds for personal and political gain of the ruling party or front".
The opposition Congress has criticised the Kerala government over the matter, also known as the Nava Kerala Survey initiative, alleging that it was an attempt to channel government funds to the ruling CPI(M) and its youth wing, the DYFI, for election campaigning.
The party claimed that the survey was being conducted to further the CPI(M)'s electoral prospects.
