Madras High Court restrains T.N. government from naming new schemes after living personalities
First Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice Sunder Mohan passed the interim order on a public interest litigation (PIL) petition filed by All India Anna Dravida Munnetra Kazhagam (AIADMK) Member of Parliament C.Ve. Shanmugam against the use of Chief Minister M.K. Stalin's name in the public outreach programme, 'Ungaludan Stalin.'
Making it clear that the they had not passed any order against the launch, implementation, or operation of any welfare scheme of the government, the judges said, their order was confined only to the nomenclature of such schemes and the publicity materials to be prepared by the government. They also said that the interim orders were being passed only on the basis of prima facie materials.
The judges ordered notices to the Tamil Nadu government as well as the DMK on the main PIL petition filed against the nomenclature of 'Ungaludan Stalin' scheme, and granted time for them to file their counter affidavits. The Bench decided to hear the MP's PIL petition, along with a similar case filed by another individual, next on August 13 after the filing of counter affidavits and rejoinders.
In the meantime, since senior counsel Vijay Narayan, assisted by K. Gowtham Kumar, representing the MP, claimed that the State government was planning to name a few other public schemes too after living personalities; the Division Bench said, such nomenclature prima facie appeared to be impermissible as per the orders passed by the Supreme Court in the famous Common Cause case.
'Therefore, we are inclined to pass an interim order to the effect that while launching and operating government welfare schemes through various advertisements, the name of any living personality, photograph of any former Chief Minister/ideological leaders or party insignia/emblem/flag of Respondent number 4 (DMK) shall not be included,' the interim order of the Bench read.
The judges further clarified that the pendency of the present PIL petition before the High Court would preclude the Election Commission of India (ECI) from taking an appropriate decision on a representation made by the AIADMK MP seeking necessary action against the DMK under paragraph 16A of the Election Symbols (Reservation and Allotment) Order, 1968.
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