KOLKATA: The West Bengal government is likely to move the Supreme Court challenging the Kolkata High court’s verdict declaring Chief Minister Mamata Banerjee’s "dream project" legally void. Food and supplies minister Rathin Ghosh hinted that the court order would be analysed with the help of legal experts and then a petition would be filed before the Supreme Court.
"The initiative earned a massive response from the common people, especially in rural Bengal. It was a very popular venture which was the brainchild of the Chief Minister. We will try our level best to keep the scheme alive,’’ said Ghosh.
West Bengal government on Thursday received a major setback as the Kolkata High Court termed the "Duare Ration’’ (food grain at your doorstep) as a division bench termed the initiative as legally void. The scheme was promised by Chief Minister Mamata Banerjee before the 2021 Assembly elections and implemented after the TMC came to power for the third straight term,
"Duare Ration Scheme is ultra vires (beyond one's legal power) as per the National Food Security Act (NFSA), 2013, and is, therefore, a nullity in the eye of the law,’’ said the division bench.
Sources in the food department said Mamata asked the officers of her administration to consult with the legal experts before moving to the Apex court. "The decision of going to the Supreme Court is final. Now we need to consult legal experts to decide what will be the government’s logic in support of the scheme,’’ said an official.
A section of legal experts, however, said since the high court observed that the scheme is ultra vires the NFSA, it would not be easy to convince the Apex court against the verdict of the high court.
"Arvind Kejriwal’s government in Delhi initiated the similar move but the court termed it illegal on the same ground that the Kolkata High Court observed,’’ said the official.
The setback for Mamata’s government came after a section of the ration dealers moved to the court saying their manpower strength and infrastructure do not support the scheme to provide food grain at the doorstep of beneficiaries. Besides, they also alleged the NFSA does not approve such initiatives around the year.
"The high court order barring the scheme will prove a blow before the panchayat elections slated to be held next year. Most of the beneficiaries are from rural Bengal and the scheme secured the support of a large section of electorates. The high court order will definitely affect our vote bank if we fail to quash Thursday’s verdict,’’ said a senior TMC leader.