CMDRF case: HC admits plea challenging Lok Ayukta order, issues letter to Pinarayi

Ernakulam: The Kerala High Court on Monday admitted a plea challenging the order of Lok Ayukta and Upa Lok Ayuktas' rejection of a complaint filed against CM Pinarayi Vijayan and certain former ministers for alleged misuse of Chief Minister Disaster Relief Fund (CMDRF). 

"We will admit it and consider everything," said the Division Bench comprising Chief Justice AJ Desai and Justice VG Arun while admitting the plea filed by RS Sasikumar.

Besides the letter issued to Pinarayi Vijayan, the bench sent notices to former ministers of the state, including - AK Balan, E Chandrasekharan, Dr KT Jaleel, Kadakampally Surendran, MM Mani, Mathew T Thomas, J Mercykutty Amma, AC Moideen, K Raju, Ramachandran Kadannappally, TP Ramakrishnan, C Raveendranath, KK Shailaja, G Sudhakaran, P Thilothaman, and Dr TM Thomas Issac. The court also sent a notice to the Kerala Lok Ayukta which was arrayed as one of the respondents in the case.

The case
Sasikumar had filed the case in 2018, alleging misuse of CMDRF based on political considerations and nepotism. He had alleged that the money was given to those who were not eligible for relief. While a sum of Rs 25 lakh was granted to the family of NCP leader Uzhavoor Vijayan, the family of former Chengannur MLA KK Ramachandran Nair was given Rs 8.5 lakh, said Sasikumar.

According to Sasikumar, the family of a policeman who died in a car accident while accompanying former CPM state secretary Kodiyeri Balakrishnan was given Rs 20 lakh as relief. The plea to the anti-corruption ombudsman was filed by Sasikumar in September 2018.

The Lok Ayukta and Upa Lokayukta then rejected the complaint and found that the Chief Minister was vested with the authority to allocate money from the CMDRF. 'There is no evidence to prove that the CMDRF funds were misused. The CM has the right to grant a maximum amount of Rs 3 lakh from the relief fund. There is no proof that the grant was politically motivated,' the court said then.

The instant plea seeks to quash the orders issued by the Lok Ayukta and Upa Lok Ayukta as being illegal and arbitrary.
(With Live Law inputs)