The State Of Kerala vs The Election Commission Of India
2021 Latest Caselaw 15750 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE T.R.RAVI
            FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                             WP(C) NO. 8237 OF 2021
PETITIONER:

              THE STATE OF KERALA
              REPRESENTED BY THE ADDITIONAL SECRETARY TO
              THE GOVERNMENT OF EKRALA,
              FOOD AND CIVIL SUPPLIES DEPARTMENT,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

              BY GOVERNMENT PLEADER


RESPONDENTS:

     1        THE ELECTION COMMISSION OF INDIA
              REPRESENTED BY ITS SECRETARY GENERAL
              NIRAVACHAN SADAN, ASOKA ROAD, NEW DELHI-110 001.

     2        THE CHIEF ELECTORAL OFFICER OF KERALA,
              NIYAMASABHA COMPLEX,
              THIRUVANANTHAPURAM-695 033.

              BY ADV SHRI.DEEPU LAL MOHAN, SC,
              ELECTION COMMISSION OF INDIA


OTHER PRESENT:

              SRI.MANU.V, GP



     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8237 OF 2021
                                  2



                          JUDGMENT

Dated this the 30th day of July 2021

The writ petition has been filed by the State at the time when

the Election was in progress and the prayer was to quash Ext.P7

communication in so far as it defers the proposal for distribution of

10kg rice at the rate of Rs.15/kg to Non Priority Ration Card Holders

of the Petitioner State during the months of March and April, 2021.

On the basis of the interim order issued by this Court, the relief has

already been granted and all that remains is to make the interim

order absolute.

In the above circumstances, the writ petition is closed making

the interim order absolute.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 8237 OF 2021

APPENDIX OF WP(C) 8237/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE PHOTOCOPY OF GO(RT) NO.119/2020/F & CSD DATED 04.05.2020.

EXHIBIT P2 A TRUE PHOTOCOPY OF GO(RT) NO.198/2020/F & CSD DATED 21.07.2020.

EXHIBIT P3 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE BUDGET SPEECH 2021 PRESENTED BY THE MINISTER FOR FINANCE, GOVERNMENT OF KERALA, IN RELATION TO FOOD SECURITY.

EXHIBIT P4 A TRUE PHOTOCOPY OF GO(MS) NO.5/2021/F & CSD DATED 04.02.2021.

EXHIBIT P5 A TRUE PHOTOCOPY OF LETTER NO.437/6/1/ECI/INST/FUNCT/MCC/2021 DATED 26TH FEBRUARY 2021 OF THE ELECTION COMMISSION OF INDIA.

EXHIBIT P6 A TRUE PHOTOCOPY OF THE LETTER NUMBER CDN4/53/2021/GAD DATED 16.03.2021 ISSUED BY THE SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF KERALA TO THE SECOND RESPONDENT TOGETHER WITH THE PAGE CONTAINING THE PROPOSALS 16 TO 19.

EXHIBIT P7 A TRUE PHOTOCOPY OF LETTER NO.1540(188)EL4/2021/ELEC DATED 23.03.2P21 OF THE SECOND RESPONDENT TOGETHER WITH THE PROPOSALS 16 TO 19.

EXHIBIT P8 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 21.03.2011 OF THIS HONOURABLE COURT IN WRIT PETITION (CIVIL) NO.8178 OF 2011.

EXHIBIT P9 A TRUE PHOTOCOPY OF THE ORDER OF THE HONOURABLE APEX COURT IN SPECIAL LEAVE TO APPEAL(C) 8891 OF

EXHIBIT P10 A TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN K.M.BABU V. ELECTION COMMISSION OF INDIA AND OTHERS (2006 KHC 364).

RESPONDENT'S EXHIBITS     NIL

                         //TRUE COPY//                  PA TO JUDGE