Madras High Court: The Division Bench of Sanjib Banerjee, CJ and Senthil Kumar Ramamoorthy, J., held that the symbol of the ruling party should not be used at any distribution centres.
Petitioner raised two points, that while distributing relief, there should not be any promotion of any political party since the relief was being granted by the State of Tamil Nadu and COVID protocol should be always maintained.
Further, the petitioner pointed out that if there is a political flavour in the relief packages being distributed to distressed citizens. Of the various photographs that have been relied upon by the petitioner, there is one photograph that shows the Chief Minister of the State in course of relief being distributed inside a ration shop.
There was another photograph pertaining to the distribution of relief material at Anna Nagar, where the rising sun symbol of the ruling political party is displayed.
Advocate General submitted that the situation is now different to the one in comparison to what it was in January when the elections were to take place.
There has always to be a distinction drawn between the government of the day and the political personnel who may form such government.
While there may be little room to object to the portrait of the Chief Minister being displayed, since the Chief Minister heads the elected government, the symbol of the ruling party should not be used at any of the distribution centres.
State submitted that more than 90% of the relief had already been made over to the appropriate persons and for the remainder, personnel involved in distributing the relief packages or the like should refrain from giving any political colour to the functions.
Further, it was added that, COVID protocol has to be maintained at all times as from the photographs displayed by the petitioner, it is evident that there was crowding and people were falling over each other. The said situations shall be avoided at all cost, particularly since the State has been facing the worst case scenario in the second surge and there is no knowing when the pandemic would subside.
High Court while disposing of the present matter hoped that the spirit of the order is appropriately understood. [Devaraj v. State of Tamil Nadu, WP No. 12042 of 2021, decided on 24-05-2021]
Advocates before the Court:
For Petitioner: V. Lakshminarayanan
For Adithya Reddy
For Respondents 1 to 6: R. Shunmugasundaram Advocate-General Assisted byMrs. A. Srijayanthi Special Govt. Pleader
