Kochi: The Kerala High Court on Wednesday observed that
prima facie the Election Commission has no power to interfere
with the government order to supply rice for Rs 2 per Kg.
The observation was made by a Division Bench headed
by Chief Justice J Chelameswar on a petition filed by Rajaji
Mathew Thomas, MLA from Ollur Assembly constituency,
challenging the decision of the Election Commission to stop
the implementation of the government order to supply rice at
Rs 2 per Kg.
The bench also directed the Election Commission to file
a statement by March 18.
The bench observed that it appears that the government
order was issued earlier to the coming into force of the model
code of conduct.
The court also asked the Election Commission why should benefit granted to the poor be interdicted.
The court also said benefits of larger interest cannot be
interdicted by model code of conduct.
The petitioner had also contended that the government
decision was taken prior to the declaration of the election
and coming into the force of the model code of conduct.
This fact was informed by the chief minister to the Election
Commission of India also, the petitioner stated.