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SC refuses to entertain Moitra's plea seeking inclusion of CM relief fund under CSR

The Supreme Court today allowed TMC MP Mahua Moitra to withdraw her PIL challenging the government's circular which excluded CM relief funds from CSR, as it found no merit in the plea.

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Published : May 5, 2020, 2:33 PM IST

New Delhi: The Supreme Court on Tuesday refused to entertain a plea filed by Trinamool Congress MP Mahua Moitra, which challenged the validity of the Centre's circular which excluded Chief Ministers' relief funds from the purview of Corporate Social Responsibility.

Moitra's petition sought directions to allow donations made to the Chief Ministers' Relief Fund to qualify under CSR expenditure.

The Supreme Court bench led by Justice Ashok Bhushan refused to entertain the PIL and said these issues raised in the court can be raised in the Parliament as it is a legislative scheme and the act needs to be challenged for the demands which the petitioner has sought.

Moitra subsequently withdrew her petition as the court refused to entertain it.

Advocate CA Sundaram, appearing for Moitra, had contended that the issue arising was that CSR for COVID-19 eradication under the government act was entitled to be treated as CSR, provided it was donated to the central government.

It is not there in the act but has come as a clarification, Sundaram said.

He added that the PM Fund is not meant for socio economic development and yet it comes under CSR. He further contended that the fact that a company was allowed to contribute to the central fund but not the state fund, violated Article 14 of the Indian Constitution.

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