Bhopal, August 20 (Pervez Bari): The Nagpur bench of Mumbai High Court has issued notice to Maharashtra Government returnable after two weeks in a matter Public Interest Litigation, (PIL), filed by Vidarbha Jan Andolan Samiti, (VJAS), president Kishore Tiwari praying to cancel & withdraw the government resolution extending illegal state largesse & extra ordinary illegal favour to MLAs Local Area Development Funds, (LADFs), meant for entire financial year -2009-10 is being allowed to be spent in six months time as the MLAs term is expiring in October 2009. Thereby new MLAs will not have any LADFs for six months as entire funds of financial year 2009-10 will be spent by the outgoing MLAs to suit their favours.
The Divisional bench of Justice A. P. Lawande and Justice P. D. Kode issued notice to Maharashtra Govt. through chief secretary to submit detail reply on Govt. Resolution No. LAD-2009/CS No. 85/Ka/1445 dated 16th June, 2009 issued by the Planning Department of Govt. of Maharashtra, Mantralaya, Mumbai, extending the State largesse to MLAs & MLCs – Local Area Development Funds meant for entire Financial Year -2009-10 is being allowed to be spent in six months time as the MLAs term is expiring in October 2009.
Advocate Firdos Mirza and Advocate Vinod Tiwari reportedly told the High Court that the decision taken by the Govt. of Maharashtra to extend extra-ordinary and illegal favour to MLAs, by allowing them to spent entire fund of Rs. 100.00 lakhs meant for the financial year 2009-10 in 4-5 months time so that they can enjoy the fruits out of this, is totally arbitrary and malafide. As such the said Govt. Resolution issued is bad in the eyes of law because it is causing direct loss to the State Treasury, they said.
This has been done contrary to the general practice being adopted by all State Governments and Central Government to allow only proportionate quantum of Local Area Development Funds to MLAs – MPs considering the balance tenure in the respective Financial Year especially when the legislature / parliament term is ending mid of the Financial Year, they pointed out.
Petitioner Kishore Tiwari has prayed the High Court to order to withdraw & cancel the above referred Govt. Resolution No. LAD-2009/CS No. 85/Ka/1445 dated 16th June, 2009 to save the public funds being spent lavishly without any moral & lawful authority. The petitioner before approaching the High Court had requested the state governor to stop this misuse of power but having failed to get justice this PIL writ was filed in this high court, petition added. (pervezbari@eth.net)