The state government on Friday filed an affidavit before the Allahabad High Court, explaining that no fund has been released from the state exchequer nor has any amount been paid for holding of the Sammelan of the Vishwa Hindu Parishad in Ardh Kumbh area.
In fact, some facilities, which were permissible only under the UP Mela Act, 1938, including the provision of land, lighting arrangements and water supply estimated to the tune of Rs 2.52 crore had been recommended by the state government. The facilities have to be provided only from the Mela fund under the provisions of Mela Act, the state's affidavit stated.
The state government filed this affidavit while replying to the allegations made in a writ petition, filed by advocate Rajeshwar Yadav. In this writ petition, a relief has been sought for the refund of the amount allegedly released to the Vishwa Hindu Parishad from the state exchequer for holding a Sammelan at the Ardh Kumbh Mela area in Allahabad between February 11 and 13, 2007.
During the course of hearing on Saturday, the petition was opposed by the state government through Advocate General SMA Kazmi on the ground that the same was not maintainable for the reasons that the petitioner had sought mandamus against the Governor for invoking Article 356 (state emergency).
It was pointed out by Advocate General Kazmi that the mandamus sought was totally unsustainable under the law and no such relief could be granted within the parameters of law.
On Friday, the counter-affidavit submitted by the state government was admitted on the record by the court and the petitioner was allowed to delete the name of the Governor of UP from the array of parties as well as the relief sought by him for invoking the provisions of Article 356.
The Division Bench comprising Justice SR Alam and Justice Sudhir Agarwal has fixed February 19, 2007 as the next date for hearing.