Pondy rice scheme: HC dismisses Puducherry CM's plea

The Madras High Court on Friday dismissed a petition filed by Puducherry Chief Minister V Narayanasamy against Lieutenant Governor Kiran Bedi's decision to disburse cash instead of free rice to ration cardholders. Dismissing the petition, Justice C V Karthikeyan said that under the provisions of the Union Territory Act, the decision of the President is binding on the administrator and Ministers.

"Under the law governing Union Territory, the decision on behalf of the President will be taken by the Ministry of Home Affairs and such a decision is for DBT and binding on the administrator, as well as Ministers," he said.

Narayanaswamy submitted that the government, in furtherance of its poll promises in the 2016 assembly polls had passed a resolution on June 7, 2019 to continue the welfare scheme of providing the items in kind and referred the same to the Home Ministry on September 5. However, the Ministry advised the government to continue the scheme with the Direct Benefit Transfer (DBT) (cash) scheme in lieu of distribution of free rice.

The administrator (Bedi) also passed an interim order that rice would not be supplied in kind, but the benefit would only be by DBT mode, he said. Counsel for the Lt Governor said the issue was only with respect to extension of benefit by supply of rice or by transfer of cash and therefore the petitioner was in no way directly affected by the communication.

"The petition is liable to be rejected on the ground that under Section 55 of the government of Union Territories Act, 1963, any suit or case can be filed only in the name of the Union of India," the counsel said.

Countering the submissions, counsel for Narayanasamy argued that though Union Territories are under the general control and supervision of the Union government, they are an independent entity on their own. He said the President had not delegated the power to the Lt Governor under the government of Union Territories Act, 1963, and therefore the impugned order was without jurisdiction.

Justice Karthikeyan, recording the submissions, dismissed the petition, stating that the decision of the President was binding on the administrator and council of ministers and such a decision by the Lieutenant Governor has to be adhered to. Reacting to the verdict, Narayanawamy told a meeting of the PCC executive here that "it is a day of grief" for him, while Bedi welcomed it, saying the scheme 'will check all possible leakages and pilferages.'

The Lt Governor, in a WhatsApp message, said the DBT scheme would empower people financially without any middlemen to buy rice of their choice and time, quality and quantity and also the places wherefrom they could purchase the rice. "The verdict also pointed out how the decision of the President is binding on all," she added.