PIL filed against Maharashtra’s cash benefit schemes in High Court

The petitioner alleges the schemes are a form of bribery or a gift from the ruling government to voters of certain class to vote in favour of proposed candidates in the State assembly polls  

Published - August 03, 2024 03:00 am IST - MUMBAI

Bombay High Court

Bombay High Court | Photo Credit: Vivek Bendre

A Public Interest Litigation (PIL) was filed in the Bombay High Court on Friday against the ‘Mukhyamantri Majhi Ladki Bahin Yojana’ and ‘Mukhyamantri Yuva Karya Prashikshan Yojna’ schemes announced by the Maharashtra State government in the 2024–2025 budget. The scheme promises to provide monthly financial assistance to women and men.

Appearing for the petitioner, advocate Owais Anwar Pechkar filed the PIL on August 1 and sought an urgent hearing of the plea on August 5 and an interim order to stay implementation of the scheme, as the amount will be disbursed to beneficiaries later this month. In a praecipe, the petitioner said, “Due to the Government’s schemes like Ladki Bahin Yojana there is an additional burden on direct and indirect taxpayers and the exchequer. Taxes are for infrastructure development and not for irrational cash schemes. The scheme costs around ₹ 4,600 crore, which is a huge burden for a debt-ridden State that already owes ₹ 7.8 lakhs crores. Therefore, petitioner prays for a stay on such schemes.”

However, a Division Bench of judges comprising Justice Devendra Kumar Upadhyaya and Justice Amit Borkar refused to hear the matter urgently on August 2 and August 5 and have listed the matter for hearing as per the auto-listing system on August 6. 

Monthly allowance

According to the Government proposal, women between 21 and 65 with a family income of less than 2.5 lakh, whether married, widowed, divorced, abandoned, or without support, will receive a monthly allowance of ₹ 1,500 in their bank accounts. A Government Resolution (GR) was introduced on June 28, 2024, for the Mukhyamantri Majhi Ladki Bahin Yojana.

Similarly, unemployed men between 18 and 35 would get a monthly stipend based on their qualifications: class 12 graduates will get ₹ 6,000; industrial training institute and diploma holders ₹ 8,000; and graduates and postgraduates ₹ 10,000. All this will be made possible by the GR passed on July 9, 2024, for the Mukhyamantri Yuva Karya Prashikshan Yojna.

Petitioner Naveed Abdul Saeed Mulla, a 39-year-old Chartered Accountant from Navi Mumbai, claims that financial schemes like this would stress the taxpayers, the State exchequer, and cripple the State budget. “After the announcement of the budget and this impugned scheme, there are several news reports stating the burden of the impugned scheme is ₹ 4,600 crore on the State exchequer which shall cripple the State budget for a few more years. Hence the petitioner questions the timing of the scheme by the present coalition government.”

The schemes are clearly introduced with the upcoming assembly polls in mind, which are due in October 2024. This is also an outcome of Lok Sabha 2024, and the coalition’s poor performance. It is an attempt at damage control at the taxpayer’s cost, the petitioner stated. “Maharashtra already has debts of ₹ 7.8 lakh crores. Further, the finance department has expressed concern about the ‘Ladki Bahin Yojana’ in view of the State’s financial condition, though the Cabinet passed it anyway with the clear political motive of improving the results in the State Assembly polls.”  

The taxes that we pay should only be used for constructing roads, highways, bridges, government institutions such as public schools and medical centers and other infrastructure. Such irrational schemes could also be defined as corrupt practices under Section 123 of the Representation of People Act 1951 but because the government announced them prior to the upcoming assembly elections and implementation of the Model Code of Conduct these resolutions do not attract action from the Election Commission, the petitioner argued. 

Such cash benefit schemes are synonymous with bribery or giving gifts to voters of a certain class to vote in favour of proposed candidates, the petition copy read.

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