The Madras High Court has issued an interim order directing that advertisements relating to government welfare schemes must not include the name of any living political personality, photographs of former Chief Ministers or ideological leaders, or the emblem, insignia, or flag of any political party.
A Division Bench comprising Chief Justice Sanjay V. Gangapurwala (Note: If you meant Manindra Mohan Shrivastava, I retained the name you provided) and Justice Sunder Mohan observed that such inclusions are contrary to the directives laid down by the Supreme Court in State of Karnataka v. Common Cause and Others. The apex court had held that while the publication of a photograph of the incumbent Chief Minister may be permissible, the use of images of ideological leaders or former Chief Ministers is prima facie impermissible. Further, the Bench noted that naming government schemes after political personalities or using ruling party names or symbols in such schemes is inconsistent with the directions of the Supreme Court and the Election Commission of India.
The interim direction came in a petition filed by AIADMK Member of Parliament C. Ve. Shanmugam, seeking to restrain the Dravida Munnetra Kazhagam (DMK) from using Chief Minister M.K. Stalin’s name in its public grievance redressal initiative, Mudhalvarin Mugavari. The petitioner also sought an interim injunction to prevent the naming or rebranding of any government scheme after a living political personality pending final adjudication of the writ petition.
Senior Advocate Vijay Narayan, representing the petitioner, argued that the scheme, implemented using public funds, prominently featured the Chief Minister’s name and displayed photographs of DMK leaders, in violation of Supreme Court guidelines and the Government Advertisement (Content Regulation) Guidelines, 2024. He further submitted that the emblem and logo of the ruling party were also used in promotional materials.
Opposing the petition, Advocate General PS Raman contended that the pleadings were vague and based on unverified printouts rather than official government publications. He assured the Court that no official government communication contained photographs of political leaders or party symbols. Senior Advocate P. Wilson, appearing for the DMK, argued that the petition was politically motivated and intended to tarnish the reputation of DMK leaders, noting that the petitioner belonged to the opposition party.
Clarifying its position, the Court stated:
"While launching and operating government welfare schemes through various advertisements, the name of any living personality, photograph of any former Chief Minister or ideological leader, or party insignia/emblem/flag of respondent No. 4 shall not be included."
The Bench also made it clear that no restriction had been placed on the launch, implementation, or continuation of government welfare schemes themselves. Additionally, the Court stated that the pendency of the writ petition shall not prevent the Election Commission of India from taking appropriate action on the petitioner’s representations.
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