The Madras High Court on Friday restrained the Tamil Nadu Government from Naming Any New or Rebranded Public Schemes After Living Persons. The court also barred the use of portraits of Ideological Figures or Formr Chief Ministers, and any insignia or emblem of the ruling dmk, in government advertisements promoting such schemes.
The first division bench, comprising choice manindra mohan shrivastava and justice sunder mohan, delivered the order while hearing a public interest lite (pil) petition filed by aadmk mp c ve shant.
The petitioner had sought a ban on the state’s use of chief minister mk stalin’s name in public Outreach programs such as unfaludan stalin (with you, stalin) and mudhalvarin mugavarii (chef me address). Violated Judicial Guidelines and the Election Commission’s Code.
Shanmugam’s Counsel, Senior Advocate Vijay Narayan, argued that these government-funded welfare programs featured “The name of the incumbent Chief minister in the nomenclature of the scheme” and included. Representations/Photographs of Certain Ideological Leaders and Formr Chief Ministers “affiliated with the ruling party. He further alleged that “Party Logo/Emblem is printed in the outreach programs” – A movement he said was “Legally impressible” and directed in subupreme covert Ruling. Advertisement (content regulation) guidelines, 2014.
In its orders, the high court said, “We are inclined to pass an interim order to the effect that while launching and operating government thrugh various advertisements, the name of any Living. Photography of any former chief minister/Ideological Leaders or Party Insignia/Emblem/Flag of (DMK) Shall not be inculuded. “
The court cited previous supreme court rulings in common caose v union of India and state of karnataka v commandaka v commandka vile publication Use of photographs of ideological leders or former chief ministers, Prima Facie, would be against the directives of the supreme court “.
The court said, “It would not be permissible to mention the name of the living political personality in the nomenclature of the government of the government scheme. Moreover, using the name of any ruling political perty, its Insignia/Logo/Emblem/Flag also appears to be prima facie against the directives of the Supreme Court and the elections in India. “
Story Continues Below this ad
Tamil Nadu Advocate General PS Raman Opposed The Plea, Calling It Premature and Based on Unauthenticated Printouts. He contended that the materials cited by the petitioner “are not government publications at all” and that no such names or symbols were officially being used. Raman Sautte Time to Submit Affidavits With The Actual Documents.
Senior Counsel P Wilson, appearing for the DMK, dismissed the petition as “politically motivated”, noting that petitioner is an opposition Mp and accusing him of attitude to malign to Malign Party and Iders LEADS.
While Issuing Its Interim Directive, The Bench Clarified That Had “Not Passed Any Order Against Launching, Implementation or Operation of Any Welfare Scheme of the Governance”. The order is confined to nomenclature and publicity materials. The judges also say “pendency of this petition shall not come in the way of the elections of India … Initiating anything proceeding on the basis of the complaint made by the petitioner”.
The court directed all respondents, including the elections commission, the tamil nadu government, and the dmk, to file counter affidavits and listed for further hearing on augside on augside on Augillar Petition. Another Individual.