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Congress Used UPSRTC Buses, Taxis In 1981-89; To Pay Rs 2.66 Crore Dues With Interest On Allahabad High Court Order
Nishtha Anushree
Oct 11, 2023, 01:38 PM | Updated 01:38 PM IST
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The Allahabad High Court has mandated the Congress party to remit a sum exceeding Rs 2.66 crore to the Uttar Pradesh State Road Transport Corporation (UPSRTC) for utilising its buses and taxis between 1981 and 1989 for political purposes.
The court acknowledged that UPSRTC had provided vehicles for Congress's political rallies and other activities during the specified period, dismissing Congress's claims of political vendetta in its petition.
A division bench comprising Justice Vivek Chaudhary and Justice Manish Kumar decreed that Congress must settle the amount owed to UPSRTC within three months, incurring 5 per cent interest from the due date.
The Allahabad HC underscored in its ruling that UPSRTC operates on public funds and serves the wider public. According to the judgment's particulars, the Uttar Pradesh Congress Committee contested a recovery notice from UPSRTC for Rs 2,68,29,879.78, contending that the sum couldn't be recovered under Section 3 of the UP Public Moneys (Recovery) Act, 1965, as no liability existed to pay dues to UPSRTC.
The petitioner rejected the assertion that they had ever leased a bus, taxi, or any vehicle from UPSRTC, emphasising that requisitioning and payments followed due process whenever they sought vehicle services.
The petitioner also refuted claims of issuing orders for making buses available for Congress Party rallies on oral or written directives, alleging that UPSRTC's stance regarding orders from the State Government and Chief Minister/Ministers was a smokescreen.
Contrarily, UPSRTC contended that the petitioner incurred a liability and supported its claim with a counter affidavit, a supplementary affidavit, and communications urging payment.
The court determined that Congress failed to establish a case for interference under Article 226 of the Constitution, noting that it didn't challenge the recovery notice's validity or the UP Public Moneys (Recovery) Act, 1965's provisions. The court also observed that Congress hadn't disputed receiving vehicles from UPSRTC and making part or advance payments for the same.
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Nishtha Anushree is Senior Sub-editor at Swarajya. She tweets at @nishthaanushree.
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