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The Supreme Court, on Wednesday, August 6, set aside the Madras High Court’s interim order which had prohibited the Dravida Munnetra Kazhagam (DMK) government from using the name of sitting Chief Minister in any government schemes. The top court also imposed a fine of Rs 10 lakh on the petitioner, All India Anna Dravida Munnetra Kazhagam (AIADMK) leader CV Shanmugam.
A bench comprising Chief Justice of India BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria passed the order while hearing petitions filed by DMK and the Tamil Nadu state government against the High Court's ruling. The High Court, on August 2, had barred the use of names and photographs of living personalities, former Chief Ministers, party leaders or political parties in government welfare schemes.
Dismissing the writ petition, the bench said it failed to understand the anxiety of petitioner Shanmugam about a Tamil Nadu government scheme bearing Chief Minister MK Stalin's name, given that a similar phenomenon is followed across the country.
"The planting of schemes in the name of political leaders is a phenomenon which is followed across the country. When such schemes are floated in the name of all leaders of political parties, we do not appreciate the anxiety of the petitioner to choose only one political party and one political leader. If the petitioner was so concerned about the misuse of political funds, the petitioner could have made a challenge to all such schemes. However, singling out only one political leader shows the intentions of the petitioner," the court said according to Live Law.
The court also expressed strong disapproval of using the judiciary to fight political battles. "Time and again, we have observed that political battles should be settled before the electoral roll and courts should not be used for this.”
Further, noting that the petitioner had approached the High Court within just three days of making a representation to the Election Commission of India, the bench said the petition was “misconceived in law”.
The court, thereby, set aside the High Court’s order, and imposed a fine of Rs 10 lakh on the petitioner. It directed the amount to be deposited with the Tamil Nadu Government within one week, and ordered that the fine should be specifically used for the welfare of the unprivileged.
Shanmugan had objected to the use of Chief Minister MK Stalin’s name in the ‘Ungaludan Stalin’ (With You, Stalin) scheme, a public grievance redressal and outreach initiative launched by the Tamil Nadu government, under which the CM directly engages with citizens, listens to their complaints and provides speedy resolutions.
Shanmugan approached the High Court and the Election Commission seeking action against DMK under Section 16A of the Election Symbols (Reservation and Allotment) Order of 1968. Section 16A deals with the power of ECI to suspend or withdraw recognition of a recognised political party for its failure to observe Model Code of Conduct or follow lawful directions and instructions of the Commission.