NEW DELHI: In an important decision, the Supreme Court has rejected an appeal and upheld the order of the Madras High Court directing political parties and other organisations to remove permanent flagpoles erected by them in public places, including national highways and government lands.
A bench of Justices JK Maheshwari and Vijay Bishnoi pronounced the order recently after hearing an appeal filed by Kathiravan challenging the HC’s judgment. The petitioner’s counsel challenged the direction and argued that the HC had passed a variety of directions, though the relief sought in the underlying case was limited.
After hearing his submission, Justice Maheshwari asked, “How can you use government land for political benefits?” The court also stressed that the scope of High Court jurisdiction under Article 226 of the Constitution is wide in nature, and dismissed the appeal.
The root of the litigation is the order passed by Justice GK Ilanthiraiyan of the Madurai Bench of the Madras High Court on January 27, 2025, to remove flagpoles installed by political parties, communal organisations and others in public places within 12 weeks. “After removal of flagpoles, the authorities concerned are directed to recover the cost of removal of flagpoles from the respective political parties,” the judge had said.
An appeal filed against the order was rejected by a division bench headed by Justice J Nisha Banu in March.
The HC had held that “any public place such as corner of the street, pavement, junction of the road, junction, bus stop and other public-use places are meant for the usage of general public. Therefore, no one has any right to erect any flagpoles by obstructing public users” .
‘Erection of flagpole rank encroachment’
The high court had held “therefore, the erection of flagpole” in such spaces “is nothing but rank encroachment.” The HC had passed the orders on a plea filed by Kathiravan challenging an order of the Assistant Divisional Engineer rejecting his request to erect a flag pole of the AIADMK at Palanganatham in Madurai city.
12-week deadline set by hc
The Madurai Bench of the Madras HC on January 27, 2025 ordered removal of flagpoles installed by political parties, communal organisations and others in public places within 12 weeks. The court had also asked the state to frame rules for erection of flagpoles on private land