UMESH MOHAN SETHI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition filed in public interest avers that an expenditure of about Rs. 30/- crores was incurred by the public exchequer between the years 2009-2011 on print advertisements on the birth and death anniversaries of Sh. Rajiv Gandhi and Smt. Indira Gandhi; other political figures are also known to allow huge expenditure out of public funds on projects identified by them / their political parties; instance is given of Rs. 685/- crores having been spent on the statues in the park at Noida at the instance of the then Chief Minister Kumari Mayawati. The petition also objects to naming of various public schemes launched again at expense of public funds, after leaders of the political party in power. Instance is given of Rajiv Gandhi Equity Scheme. It is further pleaded that on complaints being made, the Election Commission took a stand that it had no jurisdiction to regulate such deliberate and inadvertent misuse of naming of a scheme of development and growth, national programmes in the names of leaders of a certain political parties as its jurisdiction was only limited to election times. It is the contention of the petitioner that expenditure so incurred, propelled for mileage to the political parties in power, is wasteful. It is yet further pleaded that even the Delhi Lokayukta though had expressed concern but could not do anything owing to lack of jurisdiction in the matter. It is the contention of the petitioner that public funds cannot be utilized by the political parties in power for building their own brand. Accordingly, the following reliefs are claimed in the writ petition:

(2.) When the petition came up first for hearing, we expressed a desire to hear on the issue raised before considering issuance of notice.

(3.) The counsel for the respondents has today in Court handed over a counter affidavit. However need is not felt to deal therewith as the contention of the counsel for the respondents is that a writ petition being W.P.(C) No.83/2005 titled Manzoor Ali Khan Vs. Union of India filed in the Supreme Court with the same reliefs and same prayers was dismissed vide order dated 10.01.2011 which may be reproduced herein below: