Name Or Symbol Of Political Party, Photo Of Former CMs Can't Be Used To Advertise Govt Welfare Schemes: Madras High Court Interim Order

“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 respondent No.4 shall not be included,” the court said.

The bench of Chief Justice Manindra Mohan Shrivastava and Justice Sunder Mohan noted that the Supreme Court in State of Karnataka v. Common Cause and others, had clarified that publication of a photograph of the incumbent Chief Minister was permissible but use of photographs of ideological leaders or former Chief Ministers was prima facie against the directives of the Supreme Court.

The bench also noted that it was impermissible to mention the name of political personalities in the nomenclature of a government scheme. The court also noted that using the name of any ruling political party was also against the directives of the Supreme Court and the Election Commission of India.

The court was hearing a petition field by AIADMK MP C.Ve Shanmugam seeking to restrain Dravida Munnetra Kazhagam (DMK) party from using CM Stalin's name for its Mudhalvarin Mugavari, a public grievance redressal scheme introduced by the DMK government. An interim injunction was also sought to restrain the party from introducing/re-branding any scheme in the name of any living personality pending the disposal of the main plea.

Senior Advocate Vijay Narayan, appearing for Shanmugam argued that the public outreach program, which is implemented using public fund, had been using the name of the CM in its nomenclature and using pictures of certain political leaders belonging to the DMK party. He argued that the action was violative of various judicial pronouncements of the Supreme Court and also in violation of the Government Advertisement (Content Regulation) Guidelines, 2024.

Narayan also argued that the party logo and emblem was being printed in the outreach programme, launching the beneficial schemes of the government.

Advocate General PS Raman opposed the plea and submitted that it had been filed without clear pleading and based on some printouts which were not government publications. The AG assured that neither any pictures of political leaders nor the emplem/logo of political parties was being used by the Government.

Senior Advocate P Wilson, appearing for DMK argued that the plea was politically motivated as the petitioner was an MP of the opposition party and only wanted to malign the image of popular leaders of DMK.

The court thus clarified that the government welfare schemes should not use pictures of former Chief Ministers of ideological leaders. The court also clarified that it had not passed any order against launching, implementation or operation of welfare schemes of the government. The court added that pendency of the petition shall not forbear the ECI from initiating proceeding based on the petitioner's complaints.

Counsel for the Petitioner: Mr. Vijay Narayan, Senior Counsel for Mr.K.Gowthamkumar assisted by NS Amogh Simha and AP Balaji Advocates

Counsel for the Respondents: Mr. Niranjan Rajagopalan for M/s.G.R.Associates, Mr.P.S.Raman, Advocate General Assisted by Mr.A.Edwin Prabakar State Government Pleader, Mr.K.Karthik Jagannath Government Advocate, and Mr.M.Habeen Rahman Government Advocate, Mr.P.Wilson, Senior Counsel for Mr.Richardson Wilson

Case Title: C. Ve Shanmugam v The Chief Election Commissioner

Citation: 2025 LiveLaw (Mad) 262

Case No: WMP No.30663 of 2025 in WP No.27277 of 2025