Kochi, February 17 In a blow to the ruling CPI(M) in Kerala, the Kerala High Court on Tuesday overturned a government order authorizing ₹20 crore for the Nava Kerala Citizen Response Programme, deeming it a “colourable exercise of executive power” and a violation of the Rules of Business.
A bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M expressed concern that budgetary allocations to departments were “not being scrupulously adhered to” and that even rules voluntarily framed to enforce fiscal discipline “were being given a go-by with alacrity”.
“The facts and circumstances discernible from the documents produced and the stand taken by the state when confronted with the apparent violations of norms in force lead us to conclude that much is left to be desired when it comes to the fiscal discipline expected to be followed by the government while handling public funds,” the bench said.
The court also noted that there was no explanation as to how a letter was issued by CPI(M) state secretary M V Govindan, calling upon party affiliates to participate in the programme and register on the social volunteer force portal, well before the Cabinet decision and government order authorising the initiative.
It said the lack of explanation lent credence to the allegation that there had been a concerted effort to covertly use the programme by enabling party cadres to flood the portal, while not giving adequate publicity that the website would be used for the initiative.
“The counter-affidavit and reply filed by the state do not reveal any steps taken to facilitate wide publicity for the volunteer enrolment process under Exhibit P1 order (launching the programme), whereas the alleged selective leaking of information to party cadres based on Exhibit P2 letter (of Govindan) gives apparent credence to the allegations of oblique motives.
“Read along with the mandatory Rules of Business, the allocation of ₹20 crore under the head ‘Special PR Campaign’ to the Department of Information and Public Relations, for a programme that essentially falls within the domain of the Planning and Economic Affairs Department and the Programme Implementation, Evaluation and Monitoring Department, does indeed point to a colourable exercise of executive power, as alleged by the petitioners,” the bench said.
The observations came while allowing separate pleas filed by Mubas M H, a Kochi resident, and Kerala Students Union (KSU) state president Aloshious Xavier, challenging the programme and the allocation of funds.
The petitioners contended that the government was “misusing public funds for the personal and political gain of the ruling party or front”.
Allowing the pleas, the bench noted that the programme had not been undertaken earlier and was launched close to the declaration of Assembly elections.
It held that the order authorising the utilisation of ₹20 crore by the Information and Public Relations Department was “inherently flawed and unsustainable due to evident violations of the Rules of Allocation of Business and the concomitant budget allocation”.
“Moreover, the portal through which applications were invited for the selection of Karma Sena was not intended for the purpose for which the present exercise is sought to be carried out,” the court added.
The bench further observed that the Cabinet decision to launch the programme was neither placed before the legislature, though the Assembly was in session at the relevant time, nor subsequently presented for its consideration.
“The Cabinet cannot proceed on the assumption that its decision involving additional expenditure would ultimately be approved by the legislature,” it said.
“In view of the above, we find sufficient cause to direct the respondents (state government) to keep in abeyance all steps and proceedings initiated pursuant to Exhibit P1 order and not to proceed further with the implementation of the Nava Keralam Programme envisaged under Exhibit P1 order.
“Consequently, Exhibit P1 order dated October 10, 2025, to the extent it authorises the Information and Public Relations Department to utilise ₹20 crore from the ‘Special PR Campaign’, is hereby set aside,” the court said.
The programme, which commenced on January 1, was scheduled to conclude on February 28.
The state government had contended that the programme aimed to undertake a study to collect information and suggestions from the public regarding development and welfare initiatives in the state.
It also maintained that the study had no connection with electoral activities.
