‘How Can You Use Government Land For Political Benefits?’: SC Junks Plea Against Madras HC Order On Flagpoles

New Delhi: The Supreme Court has junked a plea against an order passed by the Madras High Court, which directed all political parties and other organisations to remove permanent flagpoles erected by them in public places, including national highways, and government land.

The matter had come up for hearing on August 8, before a bench comprising justices JK Maheshwari and Vijay Bishnoi.

A counsel, representing the petitioner, one Ammavasithevar, argued against the direction for the removal of flagpoles from public places. The counsel, against the backdrop that the relief sought in the underlying case was limited, contended that a range of directions were passed by the high court. The bench drew the counsel’s attention to the scope of the jurisdiction of the high court under Article 226 of the Constitution, and emphasised that it is wide in nature.

The bench had queried the counsel, "How can you use government land for political benefits?" After hearing submissions, the bench decided to dismiss the petition.

On January 27, a single judge bench of the high court had ordered all political parties and other organizations in the state to remove permanent flagpoles erected by them on public places, including national highways, lands belonging to the government, etc.

The high court had directed that its order had to be complied within 12 weeks, failing which the authorities concerned were to take appropriate action after issuing notice to the parties.

The high court had passed the order on a plea challenging an order of the assistant divisional engineer rejecting petitioner’s request to erect a flag pole of the AIADMK party in Palanganatham, Madurai city.

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