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High Court allows State govt to continue flood relief after Dec 4
Telangana High Court
The court observes once the government has taken a decision, it cannot go back on its decision and it can continue to extend the financial aid of Rs 10,000 after the last ballot of GHMC elections is cast
Hyderabad: The Division Bench headed by Chief Justice Raghavendra Singh Chauhan and Justice Bollam Vijaysen Reddy heard a plea filed by S Sharath Kumar. The court refused to stay the letter dated 17-11-2020 issued by the Secretary, State Election Commission directing the State government to immediately stop disbursement of Rs 10,000 flood relief to the victims.
Further, to stop people from registering themselves at Mee Seva centres, on the ground that the court cannot issue ex-parte interim orders i.e., without hearing the State government's stand, the court refused to pass any orders and directed the government to file its response to the petitioner's contentions by December 4.
The petitioner and the counsel in the plea informed the court that the SEC has taken a unilateral decision without consulting different parties in foray for GHMC elections and directed the State government to stop distribution of flood relief to the victims.
Moreover, when major parts of the city were still inundated in floodwater and when the State government has taken a decision to come to the aid of the flood victims, the decision of the SEC has come as a rude shock to victims, who are deprived of flood relief, the petitioner informed the court.
The Division Bench observed that "The Election Commission is a separate entity and exists on its own under the Constitution of India and does not work under the government so that SEC will be consulted on this issue.
Moreover, whenever elections are around the corner, the EC ensures that there is no distribution of money, of any sort, even if it pertains to any disaster or natural calamity and further it also ensures that no liquor is distributed so that none of the political parties influence the voter. If this is not obliterated, then the entire election process is vitiated. the EC ensures that the elections are held in a free and fair manner. Votes cannot be brought under any garb. People should exercise their votes with free will, not under influence or coercion."
Vidyasagar, Standing Counsel for the SEC informed the court that the government was asked to stop distribution of flood relief temporarily i.e., for a period of 10 days. He informed that the government can very well continue such distribution after elections are over. This decision has been taken by the SEC to ensure that there is no misuse of the distribution of government funds and ensure that only eligible persons are paid.
The Chief Justice after hearing the contentions of the Standing Counsel for the SEC said, "The government has taken a decision to come to the aid of the flood victims by distributing Rs 10,000 as a temporary relief to the victims. Well, it can continue with this financial aid after December 4.
Once the government has taken a decision, it cannot go back on its decision as there is no perpetual bar on the distribution and the government is welcome to dole out the financial aid to the victims, after the last ballot is cast." The matter adjourned to December 4.
