LexDRAVIDA MUNNETRA KAZHAGAM versus THIRU. C. VE. SHANMUGAM
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[2025] 8 S.C.R. 956 : 2025 INSC 976 Dravida Munnetra Kazhagam v. Thiru. C. Ve. Shanmugam (Civil Appeal No. 10259 of 2025) 06 August 2025 [B.R. Gavai,* CJI, K. Vinod Chandran and N.V. Anjaria, JJ.] Issue for Consideration Issue arose with regards to correctness of the interim order passed by the High Court that while launching and operating Government Welfare Schemes through various advertisements, the names of any living personality, photograph of any former Chief Minister/ ideological leaders or party insignia/emblem/flag of appellant shall not be included. Headnotes† Election Symbols (Reservation and Allotment) Order, 1968 – cl.16A – Government Welfare Schemes after the names of any living personality, leaders – Permissibility – State of Tamil Nadu promulgated a scheme known as “Ungaludan Stalin”, meaning “Your’s Stalin – Respondent no.1-sitting Member of Parliament, belonging to political party in opposition filed representation/complaint before the ECI, and three days later, filed writ petition – Interim order by the High Court that while launching and operating Government Welfare Schemes through various advertisements, the names of any living personality, photograph of any former Chief Minister/ ideological leaders or party insignia/emblem/flag of appellant not to be included – Challenge to: Held: Launching of schemes in the name of political leaders is a phenomenon which is followed throughout the Country – When such schemes are floated in the name of leaders of all the political parties, the anxiety of the writ petitioner to choose only one political party and one political leader cannot be appreciated – If the writ petitioner was so concerned about the misuse of public funds by the political parties, the writ petitioner would have made a challenge to all such schemes across the Country, however, singling out only one scheme by one political party in the name of one political leader, * Author [2025] 8 S.C.R. 957 Dravida Munnetra Kazhagam v. Thiru. C. Ve. Shanmugam smacks about the motives of the writ petitioner – Also, the manner in which the petition has been filed, smacks about the motives of the writ petitioner – Power u/clause 16A is available to the Commission when it deals with suspension or withdrawal of recognition of a recognized political party for its failure to observe Model Code of Conduct or to follow lawful directions and instructions of the Commission – Undisputedly, there is no Model Code of Conduct operating in the State of Tamil Nadu – As regards the tenability of such a representation before the ECI, even without giving an opportunity to the ECI to decide the said representation, the writ petitioner rushed to the High Court within three days of making the representation – Not giving even a breathing period to the ECI and making statements with regard to the Commission’s failure to act on the representation within a reasonable period, the writ petitioner, also tried to castigate the ECI – Political battles should be fought before the electorate, the Courts should not be used to settle the political scores between the rival political parties – Writ Petition not only misconceived in law, but total abuse of the process of law – Impugned order quashed and set aside – Costs of Rs. 10 lakhs imposed. [Paras 20-28] Case Law Cited Common Cause v. Union of India [2014] 5 SCR 543 : (2014) 6 SCC 552; Common Cause v. Union of India [2015] 5 SCR 29 : (2015) 7 SCC 1; State of Karnataka v. Common Cause and Others [2016] 2 SCR 902 : (2016) 13 SCC 639; Centre for Public Interest Litigation v. Kewal Kumar Sharma and Others (2017) 16 SCC 715 – referred to. List of Acts Constitution of India; Election Symbols (Reservation and Allotment) Order, 1968. List of Keywords Government welfare schemes; “Ungaludan Stalin”; “Your’s Stalin”; Use of photographs of political leaders; Advertisements issued through the public funds; Singling out only one scheme by one political party; Model Code of Conduct; Launching and operating Government Welfare Schemes; Names of any living personality; Photograph of former Chief Minister/ideological leaders; Party insignia/emblem/flag; Castigate the ECI. 958 [2025] 8 S.C.R. Supreme Court Reports Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10259 of 2025 From the Judgment and Order dated 31.07.2025 of the High Court of Judicature at Madras in WMP No. 30663 of 2025 With Civil Appeal No. 10260 of 2025 Appeara
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