Pondy rice scheme: HC dismisses Puducherry CM''s plea

Chennai, Feb 21 (PTI): 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.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)