Karnataka High Court
Sri Bhimappa Gundappa Gadad vs The State Of Karnataka on 26 September, 2023
Bench: Chief Justice, Krishna S Dixit
-1-
NC: 2023:KHC:34964-DB
WP No. 20404 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 20404 OF 2023 (GM-RES)
BETWEEN:
SRI BHIMAPPA GUNDAPPA GADAD,
S/O LATE GUNDAPPA GADAG,
AGED ABOUT 64 YEARS,
PLOT NO 2125, KEB(HESCOM),
MUDALAGI TALUK, MUDALIGE,
BELGAUM DISTRICT 591 312.
PAN BEFPG0315K
AADHAR NO 951319552555
PHONE 9449670123
EMAIL: [email protected]
...PETITIONER
Digitally signed (BY SRI. UMAPATHI S.,ADVOCATE)
by SHARADA
VANI B
AND:
Location: HIGH
COURT OF
KARNATAKA 1. THE STATE OF KARNATAKA,
REP BY CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE 560 001.
2. STATE OF KARNATAKA,
REP BY PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF WOMEN AND CHILD WELFARE,
GOVERNMENT OF KARNATAKA, VIKAS SOUDHA,
BANGALORE 560 001.
-2-
NC: 2023:KHC:34964-DB
WP No. 20404 of 2023
3. THE STATE OF KARANTAKA
REP BY PRINCIPAL SECRETARY TO GOVERNMENT
ENERGY DEPARTMENT,
GOVERNMENT OF KARNATAKA,
VIKASA SOUDHA, BANGALORE 560 001.
...RESPONDENTS
(BY SMT.NILOUFER AKBAR., ADDITIONAL GOVERNMENT
ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTILCES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE AN APPROPRIATE WRIT IN NATURE OF MANDAMUS, AN
ORDER OR DIRECTION DIRECTING THE RESPONDENTS FOR
REMOVAL OF THE NAMES AND PHOTOGRAPHS OF THE CHIEF
MINISTER, DEPUTY CHIEF MINISTER AND THE CONCERNED
MINISTERS OF THE DEPARTMENTS IN VARIOUS
ADVERTISEMENTS AND SANCTION ORDERS OF GOVERNMENT
IN CONNECTION WITH IMPLEMENTATION OF GRUHALAKSHMI
AND GRUHA JYOTHI SCHEMES AND B) PASS ANY OTHER
ORDER OR ISSUE A WRIT OR DIRECTION.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
1. Petitioner claiming to be a public spirited person and
a social activist is invoking the PIL jurisdiction of Writ
Court with the following prayer:
"Issue an appropriate writ in the nature of
mandamus, an order or direction directing the
respondents for removal of the names and
photographs of the Chief Minister, Deputy Chief
Minister and the Concerned Ministers of the
Departments in various advertisements and
sanction orders of Government in connection with
implementation of "GRUHALAKSHMI" and "GRUHA
JYOTHI" Schemes."
NC: 2023:KHC:34964-DB
WP No. 20404 of 2023
2. Learned counsel appearing for the petitioner
vehemently argues that the advertisement, flexes and
boards containing the photographs of Chief Minister,
Deputy Chief Minister and other Ministers would cost the
exchequer heavily and that even otherwise such a
advertisement counsel cannot be undertaken in the teeth
of Apex Court decisions and of this Court.
3. Learned Additional Government Advocate, on request
appearing for the respondents opposes the petition
repelling the submission of the counsel for the petitioner.
She also contends that the decision cited at the Bar do not
support the case of the petitioner. So contending, she
seeks dismissal of the writ petition.
4. Having heard the learned counsel for the parties and
having perused the petition papers, we decline indulgence
in the matter for the following reasons.
a) Ours is a body polity running within the
parameters of a 'Democratic Republic', going by the
NC: 2023:KHC:34964-DB
WP No. 20404 of 2023
Preambular version in our Constitution. Periodically, the
elections are held to the legislative bodies i.e the
Parliament at the National level and to the State
Legislatures at the provincial levels, as has been enjoined
Constitutionally. The elections are fought by the political
parties and the candidates ordinarily disclosing their
policies and programmes in the election manifesto. Once
the candidates are elected to the seat of power, the
policies or programmes are evolved at the level of the
Government and the same need to be communicated to
the public at large so that the benefit thereof can be
availed collectively or individually. The accomplishment of
policies & programs too need to be informed. The Apex
Court in COMMON CAUSE vs. UNION OF INDIA, (2015) 7
SCC 1 at paras 10 & 11 observed as under:
"It is neither possible nor feasible or even
necessary to try and encompass the myriad
situations where government advertisements
are issued. Indeed, the situations and
circumstances; events and occasions on which
government advertisements are issued are
infinite. Nevertheless, an attempt can be made
to arrive at a broad categorisation for the
purpose of an illustrative understanding....
NC: 2023:KHC:34964-DB
WP No. 20404 of 2023
Governments at the Centre as well as in the
States often bring out advertisements on
completion of a number of days, months and
years of governance. In such advertisements,
not only the "achievements" are highlighted
even the different tasks which are in
contemplation are enumerated. ..."
b) Several countries such as Australia, Canada,
United Kingdom, etc. have formulated statutory policies
for regulating governmental advertisements so that the
same does not promote a partisan agenda and misuse of
public money for personal or political gains; such policies
promote transparency and accountability. In Australia and
United Kingdom these policies require periodical review of
advertisements on fixed parameters; even before the
publication takes place only after clearance by the
Regulatory Bodies. That being the position, much
grievance cannot be made against the governmental
advertisements. The second submission of learned
counsel for the petitioner that the advertisements in any
form more particularly, depicting the photographs of
ministers would cost the public exchequer and therefore,
NC: 2023:KHC:34964-DB
WP No. 20404 of 2023
the same is unconstitutional in the absence of statutory
enablement, appears to be too farfetched an argument.
c) We do not much subscribe to the submission that
these advertisements involve huge expenditures and
therefore, they should never be permitted. After all, in
live, be it of an individual or institutions, nothing comes
free. There can be no manner of doubt that one or the
other Government advertisement coinciding with some
event or occasion is published almost everyday.
Publication of photographs of individuals be they State
functionaries or workers of the political parties has the
tendency of associating that particular individual with the
institutional achievements that are highlighted in the
advertisement. The Apex Court in COMMON CAUSE supra
expressed its apprehensions that photographs of
individuals may have the potential of developing the
'personality cult' and the 'image' of the individual
concerned, which is a direct antithesis of democratic
functioning. Broadly speaking, the Court frowned upon
NC: 2023:KHC:34964-DB
WP No. 20404 of 2023
the publication of photographs in governmental
advertisements, is true. However, no specific direction in
the form of magistra dicta is pointed out which constitutes
an absolute embargo against the publication of
photographs of Chief Minister or other Ministers, in a small
margin of the advertisements. A cursory look at the
advertisement copies produced as annexures to the
Petition do not depict the photographs with the glare &
pomp. However, we hasten to add that we are not
inclined to approve this also. After all, judgments of the
Law Laying Court cannot be construed as Euclid's
Theorem. They need to be understood in the backdrop of
the fact matrix, from which the ratio is churned out.
d) The above being said, we also ntoice are State
lgislations such as Section 136 of Karnataka Municipalities
Act, 1964, Section 138 of the Karnataka Municipal
Corporations Act, 1976 which provide for regulation of
advertisements within their jurisdictional limits. There is
also a special statute namely, the Karnataka Open Places
NC: 2023:KHC:34964-DB
WP No. 20404 of 2023
(Prevention of Disfigurement) Act, 1981, which provides
for removal of flexes & boards that prevent sight, disfigure
or uglify the places open to public view, and such an act is
criminalised too. It is not the case of petitioner that any of
the advertisements undertaken by the Government are in
the infringement of the provisions of these statutes.
e) The reliance placed by the learned counsel for the
petitioner on the decision of the Madras High Court in
R.RAJESH KUMAR VS. THE STATE OF TAMIL NADU
AND OTHERS, 2022 SCC OnLine MAD 3841 does not
much come to his aid inasmuch as it was a case involving
the complaint of the citizen as to non-publication of the
photographs of President and Prime Minister in the
advertisements relating to an international event. At
paragraphs 20 & 22, it is specifically observed as under:
"In such view of the matter, we direct the
State Government to ensure that the
photographs of both the Hon'ble President and
Prime Minister of India are published in all the
advertisements - whether in print or electronic
media, in relation to the Chess Olympiad. ...
We further make it clear that the district
administration should ensure that no damage
NC: 2023:KHC:34964-DB
WP No. 20404 of 2023
or destruction is caused to any of the
advertisements published containing the
photographs of the Hon'ble President and the
Prime Minister, apart from the Chief Minister,
and if any such activities are reported, strict
action should be taken against such
personnel."
In the above circumstances, the petition being devoid
of merits, is liable to be and accordingly dismissed. We
make it clear that nothing observed hereinabove shall be
construed as the Court approving of the publication of
photographs of any minister in the governmental
advertisements. Further, we hope & trust that better
senses prevail in the quarters that be.
Costs made easy.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
Snb/ AHB
