Maharashtra State directed by court to prevent misuse of public funds on govt ads

The Bombay High Court has ordered the State of Maharashtra to establish a three-member committee by December 14, 2024, to oversee the use of public funds in government advertising, ensuring there is no misuse for extraneous purposes. The ruling comes in response to the State's failure to comply with a Supreme Court directive aimed at enforcing strict accountability in government advertising practices.

A bench led by Justice MS Sonak and Justice Jitendra Jain expressed dissatisfaction with the lack of an active committee in Maharashtra, emphasizing that the absence of oversight is unjustifiable. The Court referenced the Supreme Court's decision in the case of 'Common Cause vs. Union of India', which determined that government advertising aimed at promoting the political interests of the ruling party is considered malafide, arbitrary and in violation of Articles 14 and 21 of the Constitution.

This ruling follows a petition filed by the Editors’ Forum, which accused the Maharashtra government and various agencies—including the Bombay Municipal Corporation (BMC), City and Industrial Development Corporation (CIDCO) and Maharashtra Industrial Development Corporation (MIDC) of violating multiple government resolutions regarding advertising practices. Allegations included improper advertisement placements, unauthorized media engagements and dealings with non-compliant creative agencies.

In defense, state representatives asserted compliance with existing guidelines, but the court found their justifications insufficient. The judges highlighted that if the Supreme Court-mandated committee had been in place, they could have directed it to investigate the alleged violations.

The court specifically directed the Chief Secretary of Maharashtra to take personal responsibility for the formation of the committee, emphasizing the need for accountability in public expenditure.

Advocates for the petitioners included SB Talekar, Madhavi Ayyappan, Chagan Thakare and Neha Lalsare, while the State was represented by Additional Government Pleader Abhay Patki. Legal representation for BMC, CIDCO and MIDC was provided by advocates including Dhruti Kapadia and Prashant Chawan.

This ruling marks a significant step toward enforcing transparency and accountability in the use of public funds for government advertising in Maharashtra.