E-Paper
HC orders UPCC to clear pending bills of ₹2.66 cr of UPSRTC
The Allahabad high court has ordered the Uttar Pradesh Congress Committee (UPCC) to clear pending bills of ₹2.66 crore to the UP State Road Transport Corporation (UPSRTC) within three months for using its buses between 1981 and 1989. The court stated that public funds cannot be used for political purposes.
The Lucknow bench of the Allahabad high court has ordered the Uttar Congress Committee (UPCC) to clear pending bills of ₹2.66 crore of the U.P. State Road Transport Corporation (UPSRTC) within three months for utilising its buses between 1981 to 1989 while disposing of a 25-year-old petition.
During this period, the Congress party was in power in the state and it used buses and taxis for its rallies.
A division bench of justice Vivek Chaudhary and justice Manish Kumar passed the order last week and ordered the UPCC to pay the pending bills with 5% interest from the date when they were due.
“In the present case, the political party in power had exercised its dominant position and utilised public property for its political purpose,” observed the court.
The court added that public exchequer cannot be used for political purposes.
The court also observed that simply alleging political bias or raising technical points cannot absolve the UPCC from paying its pending dues. “The petitioner (UPCC) showed its intention when it had filed the present writ petition and obtained an interim order but for the last 25 years it has not acted in furtherance of the assurance given on the first date of hearing,” said the court.
“Even though the amount is not recoverable under the provisions of Act of 1972 but for the reasons discussed above this court does not find it a fit case for exercising its discretionary jurisdiction in favour of petitioner (UPCC),” said the court.
The court had passed the order on a writ petition filed by the UPCC in 1988 challenging the recovery notice issued by Tehsildar (Sadar), Lucknow, on November 10, 1998.
The UPSTRC had approached the high court claiming an amount of ₹2.66 crore due on the UPCC.
