The apex court issued show cause notice to the state government on Monday and Chief Minister after noting several allegations in a public interest litiattion (PIL) including that 90 per cent of the budget of the Uttar Pradesh Cultural department was used for installation of the statues of Mayawati, Bahujan Samaj Party founder Kanshi Ram and party symbol elephant.
"Notice to show-cause why the petition should not be admitted," a vacation bench comprising Justices Dalveer Bhandari and A K Ganguly said and sought reply within four weeks from the Uttar Pradesh Government, Mayawati, BSP and Election Commission which are named as respondents in the PIL filed by Supreme Court advocate Ravi Kant.
Kant alleged that the total money used by Mayawati from the state budget for 2008-09 and 2009-10 for such projects was to the tune of Rs.2,000 crore to "falsely glorify" the Chief Minister.
No sooner the order was issued, Mayawati's close aide and senior advocate Satish Chandra Mishra voiced his protest but the Bench said whatever he has to say he can to do it by way of reply to the notice.
Mishra, who resisted the issuance of notice, alleged that "it is a politically interest litigation filed at the behest of others (political rivals)" noting that even before the petition came up for hearing, the petitioners had gone before the media.He said notice at this stage would open a larger issue relating to the use of public land and made a selective reference to Teen Murti Bhavan in the capital saying the land itself cost over Rs 500 crore.However, the Bench was unmoved and said "whatever you have to say you can say it in the reply".
It reminded Mishra that it has only noted the allegations in the PIL which said "hundreds of crores of rupees" meant for developmental work were being used by the UP Government for personal glorification of leaders and installing their statues.
Before Mishra, senior advocate U U Lalit, appearing for the state goverment, contended that it was not the case for issuance of notice as the apex court in the past had passed orders in favour of the state government on the same issue which the petitioners are not aware.
Lalit was responding to the Bench which wanted to know from him whether he would like to file a reply to the PIL.He said the issue has been going on for the past two years and "every single expenditure has been approved by the House (State Assembly).
Lalit and Mishra said that unveiling of 15 statues by Mayawati on 25th June has nothing to do with the PIL and it would be wrong to draw an inference that it was done in a bid to pre-empt the apex court from putting on hold all such projects.
The Bench took note of the contention of the petitioners that the activity of installing statues of Chief Minister and party symbol carried out as state policy was arbitrary and violative of Article 14 of the Constitution.
Ravi Kant told the bench that the information gathered through RTI disclosed that 60 statues of elephant were installed at a cost of Rs 52.20 crore at public places by utilising state funds.
The petition said that such expenditure on installation of statues of leaders violates the various circulars of the Election Commission.
It referred to the April one circular which clearly stated that images of the political functionaries, who have deep influence on the minds of electors and many of whom are still active in public life should not be displayed in the government buildings and premises as that would have the effect of disturbing the level playing field.
The PIL said spending crores of rupees to "falsely glorify" leaders in a state like UP which is part of the so called BIMARU States and having Human Development Index among the lowest in the country is a complete misuse of Public Money.
The PIL has sought a direction to restrain Mayawati from installing her statues and party symbol at public places at the cost of public fund and demanded a CBI probe into the misuse of state exchequer.
The petitioner, who has made Mayawati along with her party and Chief Secretary of the state as respondents, said the state government should be directed to remove the statues of Chief Minister and her party symbol 'elephant' from public land.
"Every action taken by the government must be in public interest. The government cannot act arbitrarily and without reason and if it does, its action would be liable to be invalidated," the petitioner said.
Giving details of the ongoing projects of installing the statutes in the state, the petitioner contended that "the expenditure of several crores of public money to fulfil the whims and fancies of an individual is against the principles of natural justice and fails the test of reasonableness."
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By : News Team
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