The Supreme Court on Tuesday stayed the Kerala High Court order which had stopped the State government's 'Nava Kerala – Citizen Response Program', a scheme proposed to collect feedback from households across Kerala on government welfare measures using a network of committees and volunteers [State of Kerala vs. Mubas].
A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi issued notice on the ruling Left government's appeal against the verdict.
The top court also asked why the State should be restrained from launching a scheme aimed at getting feedback from citizens.
"What is wrong with a project or scheme? Why cannot the state go and find out effect of scheme and see how it can be improved?" the Court asked
Senior Advocate Kapil Sibal, appearing for the respondents associated with Congress party, said,
"Not a paisa has gone to these workers."
The Court eventually issued notice and stayed the High Court verdict.
However, it asked the government to submit a report on the expenditure incurred.
"Issue notice. Meanwhile the operation of the judgment shall remain stayed. State shall submit a report on the expenditure incurred of ₹20 crores," the Court directed.
A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM of the High Court had on February 17 held that the State government cannot deploy public funds and machinery for a large scale household survey that resembles a political campaign, ahead of 2026 assembly elections.
The judgment was passed on two public interest litigations petitions (PIL) which challenged the government's survey programme launched through government order dated October 10, 2025. The government order was issued by the State's Information and Public Relations department.
The PILs were filed by district panchayat member Mubas MH and Kerala Student Union (KSU) President Aloshious Xavier.
According to the petition, the proposed survey involved ward level visits to houses, public spaces, Kudumbashree units and workplace by volunteers to gather detailed information and opinions about the government's welfare measures.
The petitioners alleged that such door-to-door outreach in the immediate run up to assembly elections amounted to a state sponsored political exercise disguised as a development study.
The petitions also highlighted that ₹20 crores from the public exchequer had been allocated under a 'special PR campaign' for implementing the program.
The petitioners pointed out that the survey would lead to collection of extensive, personal and household level information without any statutory backing or adequate safeguards, thereby infringing citizens' right to privacy.
The petitioners further stated that the program could enable large-scale data harvesting that could be misused for electoral purposes and added that conducting such a survey shortly before the 2026 assembly elections would disturb the level playing field by allowing the ruling party, Left Democratic Front (LDF), to engage voters through official channels funded by taxpayers.
The High Court agreed and quashed the State order.
The High Court also observed that the ₹20-crore fund from the public exchequer, which was allocated for the survey, was done without financial approval or budgetary sanction.
"The Government is not debarred from taking any welfare measures or undertake any development or welfare study programme like Exhibit P1, however, any expenditure incurred must have a financial sanction and pass muster the financial rules. We are not questioning the wisdom of the Cabinet to undertake such study, but for executing and implementing such study, funds de hors the financial rules are utilized and such irregularities if are brought on record, the court has a duty to declare such utilisation of funds as illegal," the Court added.
Hence, it set aside the government order and restrained the government from proceeding with the survey exercise.
This prompted the State to approach the Supreme Court.
[Read Kerala High Court Judgment]
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