CHENNAI: The Tamilaga Vettri Kazhagam (TVK) founded by actor Vijay has moved a petition before the Madras High Court challenging the standard operating procedure (SOP) issued by the state government based on the orders of the court.
The party alleged certain provisions of the SOP amounted to a colourable exercise of power designed to stifle its lawful political activities in gross violation of freedom of speech guaranteed by the Constitution.
The petition, filed by CTR Nirmalkumar, joint general secretary of the party, stated the SOP is arbitrary and shows hostile discrimination, violating Article 14 of the Constitution by granting priority only to the ECI-recognised parties and discriminating against registered parties.
It said the restrictions imposed on the political rallies and campaigns are excessive, vague and disproportionate, and it shifted the core state functions providing security and controlling crowd to the parties concerned.
The SOP fastens blanket liability for stampedes, damage to public properties, crowd behaviour outside the notified venues without requiring proof of direct, proximate or willful negligence on the part of the organisers, the petition said, adding by empowering executive authorities to delay permission, reject applications without opportunity to cure defects, imposing open-ended conditions, the SOP functions as a prior restraint on political speech and assembly contrary to the provisions of Article 19 (1) (a) and 19 (1) (b) of the Constitution.
It alleged the SOP would create potential conflict and uncertainty during elections as it does not subordinate itself to the directions of the ECI and the model code of conduct.
The petition prayed for staying the operation of clause 6 (c) and 8 (g) 1 of the GO issued on January 5, 2026 till disposal of the writ petition and declare the clauses as illegal, arbitrary, unconstitutional and violative of the principles of natural justice and consequently direct the respondents to notify a fresh SOP for governing political gatherings and public meetings in a fair, uniform and non-discriminatory manner.