Comptroller and Auditor-General is not been vested with power to question policy decision of Government.

DHARMARAO ELIPE, J.

1. These writ petitions question the decision of the State Government to distribute a free Colour Television set (in short ‘CTV‘) to each and every household in the state of Tamil Nadu which did not possess the same on the ground that the expenditure to be incurred by the state Government for the purchase of the CTVs for free distribution is unauthorised, impermissible and ultra vires the Constitutional provisions.

2. The eighth respondent, one of the major political parties in the State of Tamil Nadu, in its election manifesto for the Assembly Elections, 2006 had announced inter alia that a free CTV set would be distributed to each and every household in the State of Tamil Nadu which did not possess the same, if it were, voted to power. The President of the said political party while releasing the partys manifesto declared that distribution of free CTVs was for the purpose of providing recreation and general knowledge to the household women more particularly those living in the rural areas. The political allies of the eighth respondent also supported the distribution of free CTVs to each and every household in the State of Tamil Nadu.

3. The eight respondent political party and its political allies emerged victorious in the state Assembly Elections held in the month of May, 2006. In pursuit of fulfilling the promises made by the eight respondent in its election manifesto, steps were initiated for distribution of free. CTVs to each and every household in the State of Tamil Nadu. A policy decision was taken by the Government to provide one 14? CTV to all eligible families in the State of Tamil Nadu. The Governor of the State of Tamil Nadu in the first session of the 13th Assembly of the State had also referred to the said Scheme and declared that the Scheme would be introduced and implemented in a phased manner. A Government order was issued, vide G.O. Ms. No. 3 Information Technology (e-Gov.II) Department dated 20.6.2006, declaring that through the Revenue Department of the State, the District Collectors would disburse 14” CTVs to all eligible families, free of cost. This Government Order was followed by a series of Government orders on 22.6.2006, 30.6.2006, 30.6.2006 and 3.10.2006 on the above Scheme. It was further decided, by the Government to implement the scheme in a phased manner. A provision of Rs. 750 crore was made in the budget for implementing the said scheme.

4. A committee was constituted, headed by the Chief Minister and eight other legislative members of various political parties, in order to ensure transparency in the matter of implementation, of the Scheme. In the meeting held, on 27.6.2006, the Committee decided that in the first phase, around 30,000 CTV may be procured through national competitive bids and for the successive phases through international open competitive bids. For implementing the first phase of the Scheme, a sum of Rs. 9 crores was set apart for procurement of 30,000 CTVs. The first phase of distribution of CTVs was scheduled on 15.9.2006 and 17.9.2006, commemorating the birth anniversaries of Arignar Anna and Thanthai Periyar. It was further decided to implement the first phase of the Scheme by distributing the free CTVs to the families living in ‘Samathuvapurams‘ (areas where people belonging to Scheduled castes, Scheduled Tribes and other communities live together).

Scheduled Tribes in the Nilgiris District, families residing in slum Clearance Board tenements and families staying in State Rehabilitation homes through out the State.

5. For implementing the first phase of the Scheme, as provided for in G.O. Ms. No. 3 dated 20.6.2006, the procurement of around 30,000 CTVs was entrusted to Electronic Corporation of Tamil Nadu Limited (ELCOT), a State-owned corporation. ELCOT invited tenders through national bidding for the supply of 30,000 CTVs and the same were procured. Apart from this, ELCOT invited international bids for the supply of around 25 lakh CTVs a