Kerala High Court Directs State Govt To Permit Consumerfed To Conduct Ramzan-Vishu Fairs, Says It Is Not To Be Used For Election Campaigning

Justice Devan Ramachandran observed that Consumerfed was authorized to conduct Ramzan-Vishu Fairs through Primary Co-operative Societies and stated that it need not wait for the state government to give financial grants since the Model Code of Conduct (MCC) was in force now.

“In the afore circumstances, I allow this Writ Petition to the limited extent of directing the Government to permit the Registrar of Co-operative Societies to authorise the 'Fairs' proposed by the petitioner 'Consumerfed', through the Primary Co-operative Societies mentioned in Ext.P3; however, making sure that there would be no publicity attached to this, as being a Government sponsored programme, or to be in a manner that to cause benefit to any particular section of the political arena.”

The Court also directed that the state government would not use the Consumerfed Fairs for election campaigning since this was not meant for propaganda or publicity.

Background

Consumerfed is an Apex consumer society under the Kerala Co-operative Societies Act, 1969 (KCS Act) that was planning to conduct Ramzan-Vishu Fairs to sell 13 items of unexpendable food articles at a subsidy rate to the most marginalized sections of the Society by which 1,13,200 ration card holders would be benefited.

The state government offered 5 crore rupees to the Consumerfed for conducting the Ramzan Vishu Fairs.

The Chief Electoral Officer interdicted this proposal and directed the state government to defer the proposal of financial grant of 5 crore rupees since it would violate Clause 6A of Part 7 of the Model Code of Conduct (MCC). As per the MCC, Ministers or authorities cannot announce financial grants as promises after the announcement of elections.

Standing Counsel for the Election Commission of India (ECI), Deepu Lal Mohan submitted that they were not against conducting Ramzan-Vishu Fairs since it would benefit the citizens. It was submitted that they were objecting to the five crore rupees offered by the state government since that would amount to violation of the MCC.

Special Government Pleader P P Thajudheen stated that the state government made a budgetary allocation to support Consumerfed Fair, however, it got delayed and the proposal was only passed after the MCC came into force on March 16, 2024.

The Counsel appearing on behalf of Consumerfed Advocate M Sasindran submitted that Consumerfed already offered a subsidy to customers and they would face losses if the state government does not disburse money now.

Court Observations

The Court stated that it is admitted that Ramzan-Vishu Fairs would benefit people from the middle and lower economic strata. It stated that the Court has to bring a balance to safeguard the integrity of the electoral process versus the peoples' rights and aspirations during the election time.

It stated that MCC was an innovative means adopted outside the framework of electoral laws to uphold political morality and collective ethics by political parties.

It also took note of the fact that the purchasing power of most of the citizens had decreased and many people were vulnerable and facing economic and social constraints due to the financial inability of the state to provide timely pension/payouts. It thus said, “Citizens have to first live and only then can they cast their ballot”.

It stated that the state government must act as a welfare state and ensure that essential services are provided to the citizens to support them. It said, “The persons/parties in power can never seek any benefit of this; and if they do, it is morally and ethically abominable. This is the right of 'We the People' and no Government or Administrator must even think of taking advantage of something, which is their basic duty to provide.”

The Court stated that Consumerfed need not wait for a payout from the state government since budgetary allocation was already passed. It stated that the state government could act upon it and may sanction the funds at the relevant time as per law, but not until the MCC was in force. It stated that there was no hindrance for the state government to permit the Primary Co-operative Societies and other outlets to conduct the Ramzan-Vishu Fairs except for granting the financial grants until the MCC is in force.

The Court added that Consumerfed Fairs are for the benefit of the citizens and cannot be used as a means of election propaganda by the government and its agencies. It stated that the State has the Constitutional duty to nurture and support people. It said, “Even when the the 'Fairs' that are now proposed, certainly operate to the benefit of the citizens, it can never be permitted to be used by the Government or any of his agencies as a method of a political propaganda, or as a means of garnering electoral support”. 

Citation: 2024 LiveLaw (Ker) 243

Case title: Kerala State Co-Operative Consumers' Federation Ltd V The Chief Election Commissioner

Case number: WP(C) NO. 14803 OF 2024

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