SC quashes order on refund in trust vote PIL

New Delhi, Jun 4 (UNI) The Supreme Court has quashed the Bombay High Court order rejecting the application of petitioner Mohan Prasad Tripathy for refund of Rs one lakh deposited by him under the High Court orders for hearing his PIL seeking an inquiry into the corrupt means adopted by Maharashtra Chief Minister Vilasrao Deshmukh to muster support to win the vote of confidence in the state assembly in 2002.

The High Court order dated July 24, 2002 directed the petitioner to deposit Rs. one lakh within four weeks with the condition that no extension of time would be granted.

During the pendency of the writ petition, Vilasrao Deshmukh resigned and the petition became infructuous.

The petitioner moved the High Court seeking refund of his money and the high court directed him to disclose his sources of collecting the requisite money.

A bench comprising Mr Justice A R Lakhshmanan and Mr Justice Lokeshwar Singh Panta vide judgment dated May 23 held, ''the high court has unnecessarily gone into an unwarranted controversy and then rendered the finding by rejecting the request of the appellant for withdrawal of the amount in spite of the dismissal of the writ petition having become infructuous. The High Court has not ordered the payment of the money to any person.'' The apex court while setting aside the High Court order directed the registry of the High Court, Nagpur Bench to refund the sum forthwith to the petitioner and if the amount was deposited in any bank the appellant shall be entitled to the amount together with the interest accrued thereon.

UNI AKS/SC MA HT1107