Dont use names of residing personalities in nomenclature of recent authorities schemes, orders Madras High Court

The Madras High Court has restrained the Tamil Nadu authorities from utilizing the identify of any residing persona within the nomenclature of recent or re-branded public schemes to be launched sooner or later. It has additionally prohibited using portraits of any former Chief Minister/ideological leaders or Dravida Munnetra Kazhagam (DMK) insignia/emblem/flag within the ads issued for popularising these schemes.

First Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice Sunder Mohan handed the interim order on a public curiosity litigation (PIL) petition filed by All India Anna Dravida Munnetra Kazhagam (AIADMK) Member of Parliament C.Ve. Shanmugam towards using Chief Minister M.Ok. Stalin’s identify within the public outreach programme, ‘Ungaludan Stalin.’

Making it clear that the that they had not handed any order towards the launch, implementation, or operation of any welfare scheme of the federal government, the judges mentioned, their order was confined solely to the nomenclature of such schemes and the publicity supplies to be ready by the federal government. They additionally mentioned that the interim orders have been being handed solely on the idea of prima facie supplies.

The judges ordered notices to the Tamil Nadu authorities in addition to the DMK on the principle PIL petition filed towards the nomenclature of ‘Ungaludan Stalin’ scheme, and granted time for them to file their counter affidavits. The Bench determined to listen to the MP’s PIL petition, together with the same case filed by one other particular person, subsequent on August 13 after the submitting of counter affidavits and rejoinders.

In the meantime, since senior counsel Vijay Narayan, assisted by Ok. Gowtham Kumar, representing the MP, claimed that the State authorities was planning to call just a few different public schemes too after residing personalities; the Division Bench mentioned, such nomenclature prima facie gave the impression to be impermissible as per the orders handed by the Supreme Court within the well-known Common Cause case.

“Therefore, we’re inclined to go an interim order to the impact that whereas launching and working authorities welfare schemes by way of numerous ads, the identify of any residing persona, {photograph} of any former Chief Minister/ideological leaders or social gathering insignia/emblem/flag of Respondent quantity 4 (DMK) shall not be included,” the interim order of the Bench learn.

The judges additional clarified that the pendency of the current PIL petition earlier than the High Court would preclude the Election Commission of India (ECI) from taking an acceptable determination on a illustration made by the AIADMK MP in search of obligatory motion towards the DMK beneath paragraph 16A of the Election Symbols (Reservation and Allotment) Order, 1968.