A Division Bench of the Madras High Court, comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy in the case of Devraj v. State of Tamil Nadu has observed that symbol of political parties or photo of Chief Minister should not be affixed on the Ration kits which are distributed in the State.
“The Chief Minister heads the elected government; the symbol of the ruling party should not be used at any of the distribution centres.”
Factual Background
The Petitioner is a resident of the State of Tamil Nadu. In the Covid pandemic, the State distributed ration kits to the people and monetary assistance also, so that they can survive in this pandemic. The Petitioner objected to the use of political party symbols on these kits and during the distribution, there was non-adherence to Covid protocol also.
Therefore, this Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st to 6th Respondents to implement the Covid-19 relief Schemes, including monetary relief under a scheme by Co-operation, Food and Consumer Protection Department dated 07.05.2021 and distribution of groceries.
Submission of the Petitioner
The Counsel on behalf of the Petitioner submitted that it was the political party that has now come to power that objected in January 2021, to Pongal gifts being doled out by the State Government in packages bearing the symbol of the political party then in power. There was also another photograph pertaining to the distribution of relief material at Anna Nagar, where the rising sun symbol of the ruling political party is displayed.
Submission of the Respondent
The Advocate General on the behalf of the State submitted that the situation now is quite different from what it was in January 2021 when the election was in the offing and the orders passed by the Court clearly indicated that the grant of State largesse should not take any political colour or be used as a campaign to garner votes. Since no elections were due, the present scenario cannot be compared to what happened during the distribution of Pongal relief or gifts.
Court Reasoning & Judgment
The Court perused all the facts and found two objections raised by the petitioner as:
1- There should not be any promotion of any political party since the relief is being granted by the State of Tamil Nadu; and
2- Covid protocol should be maintained at all times in distribution of the food.
On the first issue, the Court made a distinction between the government of the day and the political personnel who may form such government.
The Court further expressed that,
“At the time of relief or largesse being distributed by or on behalf of the Government, it is the Government and only the Government that ought to be projected and not the political party which forms the government.”
The Court further held that the symbol of political parties should not be used at distribution centres. In the second issue, the Court put reliance on the photographs submitted by the petitioner in which, there was crowding and people falling over each other to be in the photo-frame and held that,
“Covid protocol has to be maintained at all times, including the distancing norm. This must be avoided at all cost, particularly since the State is facing the worst-case scenario in the second surge and there is no knowing when the pandemic would subside.”
Therefore, the Bench disposed of the petition without imposing any cost on it and ordered the personnel involved in distributing the relief packages or the like should refrain from giving any political colour to the functions.
Case Details
Case:- W.P.No.12042 of 2021
Petitioner:- Devaraj
Respondent:- State of Tamil Nadu & Ors
Counsel for Petitioner:- Mr. V. Lakshminarayanan
Counsel for Respondent:- Mr. R. Shunmugasundaram
Judge: Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy
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