The Hindu : National : SC stays Rajasthan HC order putting on hold scheme for BPL women

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SC stays Rajasthan HC order putting on hold scheme for BPL women

Legal Correspondent

New Delhi: The Supreme Court on Monday stayed the Rajasthan High Court order staying implementation of the women’s empowerment scheme, Bhamasha Yojana, launched in July.

The High Court had stayed the scheme on October 21 on a public interest litigation petition filed by Mohan Lal Sharma, who alleged that the State Government was disbursing money on the eve of the Rajasthan Assembly elections in order to influence the voters. The High Court had granted the stay pursuant to an order passed by the Election Commission staying implementation of the scheme.

A Bench comprising Chief Justice K. G. Balakrishnan and Justice P. Sathasivam, while staying the order, said that it would be subject to the order passed by the Election Commission.

Beyond its limits

Senior counsel Aftaf Ahmed, appearing for the State contended that the High Court had gone beyond its jurisdiction by staying the entire scheme, which was launched in February this year. He said the Commission while enforcing the model code of conduct had stayed the government circular dated July 7 intensifying the implementation of the scheme and the government would separately deal with that.

The Bhamasha empowerment and women’s financial inclusion scheme was first announced by Chief Minister Vasundhara Raje in her Budget speech this year. Under the scheme, a deposit of Rs.1,500 is made in the bank account of a woman member from each of the Below Poverty Line, Scheduled Caste and Schedule Tribe families and those of small and marginal farmers.

In its special leave petition (SLP), the State Government contended that the High Court by staying implementation of the scheme had gone beyond the scope of the writ petition. It said the Bhamashah scheme was a health insurance scheme of the Central Government to empower 50 lakh poor families in rural areas of the State. The SLP sought quashing of the High Court order and an interim stay of its implementation.

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