Kerala High Court quashes government's 'Nava Kerala – Citizen Response Program'

The Kerala High Court on Tuesday quashed the State government's order launching the '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 [Mubas v State of Kerala & anr & connected case] .A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM held that government cannot deploy public funds and machinery for a large scale household survey that resembles a political campaign, ahead of 2026 assembly elections.The 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..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."It is respectfully submitted that the design and implementation of the impugned programme facilitate a widespread and unjustified invasion of the citizens' fundamental right to privacy. The programme mandates the compulsory collection of detailed personal and household information by volunteers who are affiliated with the ruling political party. This data collection is being carried out without any statutory sanction, without obtaining the informed consent of citizens and in the absence of a robust data protection framework to secure the collected information," the petition stated.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 program is in substance and form, a pre-campaign campaign, veiled as an administrative exercise," the petition stated..Advocates Anoop V Nair, Sharannya P, Athul P, CA Beema Beevi & Ferra A Thankam appeared for petitioner Mubas.Xavier was represented by Tissy Rose K Cheriyan, Ashika Joshy, Amrutha Selvaraj and Jain Jaison Mathew.Advocate General K Gopalakrishna Kurup and state attorney N Manoj Kumar appeared for the State..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.