The Punjab and Haryana High Court recently asked the Punjab government to clarify the purpose behind making voter identity card mandatory for grant of benefits under the Mukh Mantri Mawan Dheeyan Satkar Yojana, a financial assistance scheme to provide monthly income support to women [Harbakhsh Charitable Society v State of Punjab & Others]
A Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor sought the clarification on September 24 after hearing a plea challenging the scheme on the ground that it sole purpose is to secure votes in favour of the Aam Aadmi Party government in Punjab.
It was argued that the mandatory requirement of the voter ID card of Punjab State for getting the scheme benefits clearly indicates that its object is only to secure votes from the beneficiaries.
While adjourning the matter to October 5, the Court said,
"Learned Additional Advocate General, Punjab opposes the petitioner’s claim and seeks adjournment in order to obtain instructions and clarify the purpose for which Voter ID card is made mandatory for grant of benefit under the Scheme."
While eligible women from the general category receive ₹1,000 per month under the scheme, those belonging to Scheduled Castes receive ₹1,500 monthly.
The scheme has been challenged by way of a public interest litigation (PIL) filed by Harbakhsh Charitable Society.
It has argued that while Voter ID card can be one of the documents required for the purposes of identification, requiring it mandatorily for the grant of benefit under the scheme manifests its purpose, that is to act as a quid pro quo for securing votes.
The PIL states that Punjab government repeatedly pleads financial constraints before the Court when asked to discharge its admitted statutory liabilities towards its employees and pensioners but yet, it continues to incur substantial recurring expenditure upon discretionary subsidy or freebie schemes.
"The said approach, according to the Petitioner, reflects an arbitrary and irrational prioritisation of public resources and raises issues concerning fiscal accountability, good governance and the constitutional obligation to utilise public funds in a reasonable and non-arbitrary manner," the plea said.
Advocates Varun Dutta and Karan Bhardwaj represented the petitioners.
Additional Advocate General Maninder Singh Garcha, Assistant Advocate General Samdisha Kaur and advocate Mehak Kanwar represented the State.
Advocate Prateek Gupta represented the Election Commission of India.
[Read Order]