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Corporate Law

Government should prevent misuse of public funds for issuing advertisements for extraneous purpose

Case Law Details

TaxGuru Citation
2024 taxguru.in 5447
Case Name
Editors’ Forum Vs State of Maharashtra & Ors. (Bombay High Court)
Date of Judgement/Order
Only available for paid members
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Editors’ Forum Vs State of Maharashtra & Ors. (Bombay High Court)

Bombay High Court directed the State of Maharashtra [including BMC, CIDCO, MIDC, MHADA, BEST and Municipal Corporation of Nagpur] to ensure that there is no abuse or misuse of public funds for issuing advertisements for extraneous purpose. Advertisement should not be released in violation of guidelines/ directions.

Facts- This petition is instituted by the Editors’ Forum, complaining that the Government Resolutions (GRs) dated 1 May 2001, 13 August 2008, 31 August 2009, and 19 October 2015 issued by the General Administration Department of the State of Maharashtra regarding several issues concerning advertisements to be released to the print and electronic media are being flouted with impunity.

The petition provides several instances of the alleged breaches. There are complaints about violations of the rotation policy in distribution, the release of advertisements to non-approved newspapers and channels, the release of advertisements without involving the Director General of Information and Public Relations (DGIPR) regarding empanelment, non-approved creative agencies, etc.

The petition alleges several breaches not only by the State but also by agencies such as Bombay Municipal Corporation (BMC), City and Industrial Development Corporation (CIDCO), Maharashtra Housing and Area Development Authority (MHADA) and Maharashtra Industrial Development Corporation (MIDC) etc. The Petitioner seeks mandamus for scrupulous observance of the GRs issued by the Government on this vital subject. In addition, the petition seeks the Constitution of a Commission to enquire about the illegalities committed by DGIPR and other government agencies and local authorities. The petition also seeks departmental action and criminal prosecution against all those involved in breaching the GRs and frittering away public funds.

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