CHENNAI: The Madras High Court has ordered that the name of any living personality and photographs of former Chief Ministers or ideological leaders shall not be used in the government’s welfare schemes. The court also barred use of DMK’s insignia, emblem or flag in such schemes.
The interim order passed by the first bench of Chief Justice Manindra Mohan Shrivastava, on Thursday while hearing a petition filed by former AIADMK minister CVe Shanmugam against use of Tamil Nadu Minister MK Stalin’s name in the scheme “Ungaludan Stalin”, is considered to be throwing cold water in the government’s ambitious schemes, particularly the “Nalam Kakkum Stalin”, a public health scheme scheduled to be rolled out on August 2.
Referring to a clarificatory order of the Supreme Court in the case of Karnataka Vs Common Cause, the bench said publication of the photograph of the incumbent Chief Minister is “permissible”.
The use of photographs of ideological leaders or former Chief Minister, prima facie, would be against the directives of the SC, the bench noted.
The advertisements for the scheme carry the photographs of late leaders “Periyar” EV Ramasamy, “Arignar Anna” (CN Annadurai) and late former CM M Karunanidhi. The government is now temporarily barred from using the photographs of these leaders.
The bench, in its order, said, “Further, it would not be permissible to mention the name of the living political personality in the nomenclature of the government scheme.”
It further stated, using the name of any ruling political party, its insignia/logo/emblem/flag also appears to be prima facie against the directives of the Supreme Court and the Election Commission of India.
“Therefore, we are inclined to pass an interim order to the effect that while launching and operating government welfare schemes through various advertisements, the name of any living personality, photograph of any former Chief Minister/ideological leaders or party insignia/emblem/flag of fourth respondent (DMK) shall not be included,” the bench said.
However, it explained that it has not passed any order against launching, implementing or operating any welfare scheme of the government and the pendency of the petition shall not come in the way of the Election Commission or other authorities in initiating any proceedings on the basis of the complaint submitted by the petitioner.
During the hearing of the petition on Thursday, senior counsel Vijay Narayan, representing Shanmugam, sought the court to restrain the government from using the name of the incumbent Chief Minister from the scheme “Ungaludan Stalin” and future schemes, particularly the “Nalam Kakkum Stalin” scheme.
Shanmugam, in the petition, had also sought the court to issue directions to the Election Commission of India (ECI) and the Committee on Content Regulation in Government Advertising to take necessary action against the DMK under Paragraph 16A of the Election Symbols (Reservation and Allotment) Order, 1968 and consequently forbear Tamil Nadu Public Secretary from using the name “Stalin” in relation to the activities of the scheme emanating from the GO dated June 19, 2025.