The Division Judge Bench of the Madras High Court, comprising Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy in the case of P.Arumugam v. The Tamil Nadu State Election Commissioner & Ors has expounded that all the candidates not to affix posters on the walls of public property and private property, without proper permission and to remove the posters pasted on the walls immediately.
Submission of the Petitioner
Learned counsel for the petitioner submits that a complaint was lodged against the opponent contestant belonging to ruling party for affixing their posters on the posters already affixed by the petitioner. The petitioner has also made a representation to the respondents 1 and 2 in this regard.
Submission of the Respondent
The Counsel on the behalf of the Respondent submitted that affixing posters on walls in public property or private property, without permission, is an offence and liable for prosecution under the provisions of the Tamilnadu Open Places (Prevention of Disfigurement) Act, 1959 and is in breach of the circular issued by the Tamil Nadu State Election Commission on 30.11.2021.
Reasoning and Decision of the Court
The Court considered the facts of the case and vehemently observed that “It is disheartening to note that in the name of election, the candidates are affixing posters on the walls belonging to public or private property, without appropriate permission, thereby disfiguring the open places of the city.”
The Court directed the Tamil Nadu State Election Commission and the Commissioner of Police, Chennai City to ensure the strict compliance of the Act of 1959 and the circular dated 30.11.2021 issued by the Tamil Nadu State Election Commission by not allowing any candidate to affix poster either on the wall belonging to the public or the private property without proper permission and even ensure prosecution of such person for flouting the rules, by registering complaints on the candidates concerned.
The Court further expounded that a wide publicity of this order would be given, with a direction to all the candidates and the cost incurred for removal of such posters be recovered from the candidate whose poster was pasted on the wall of private property or public property, without proper permission.
Therefore, the Court disposed of the Writ Petition and warned the Election candidates that if anyone is now found affixing posters, by way of CCTV camera placed in the city, they would be prosecuted as per law. The details of such person would be furnished to the Court for initiating contempt proceedings for flouting the direction of the Court.
Case Details
Case: - W.P.No.3223 of 2022
Petitioner: - P.Arumugam
Respondent: - The Tamil Nadu State Election Commissioner & Ors
Judge: Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy
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