Election candidates not to affix posters on public/ private property without permission: Madras High Court

W.P.No.32222 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 16.02.2022CORAM :THE HON BLE MR.MUNISHWAR NATH BHANDARI CHIEF JUSTICEANDTHE HON BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.32222P.Arumugam.. Petitioner Vs.1. The Tamil Nadu State Election Commissioner Office of the Tamil Nadu State Election Commission No.208 2 100 Feet Road Arumbakkam Chennai 600 106.2. The Assistant Returning Officer Zonal Officer IX Ward No.117 Corporation of Chennai Rippon Buildings Chennai 3.3. The Commissioner of Police Chennai City Egmore.4. The Assistant Commissioner of Police Teynampet Chennai.5. The Assistant Commissioner of Police Mambalam Chennai... Respondents ___________https: www.mhc.tn.gov.in judis W.P.No.32222Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents to provide uninterrupted and additional reinforcement of police force and also for total coverage throughout the election process on 19.02.2022 in Ward No.117.For the Petitioner: Mr.EV.ChandruFor the Respondents: Mr.S.Sivashanmugam Standing Counsel for respondent 1 Mrs.Karthika Ashok for respondent 2 Mr.R.Shunmugasundaram Advocate General Assisted by Mr.P.Muthukumar State Government Pleader for respondents 3 to 5ORDER(Order of the Court was made by the Hon ble Chief Justice)The writ petition has been filed seeking a direction to the respondents to provide uninterrupted and additional reinforcement ___________https: www.mhc.tn.gov.in judis W.P.No.32222of police force and total coverage throughout the election process scheduled to be held on 19.02.2022 in Ward No.117.2. Learned counsel for the petitioner submits that a complaint was lodged against the opponent contestant belonging to ruling party for affixing their posters on the posters already affixed by the petitioner. The petitioner has also made a representation to the respondents 1 and 2 in this regard. The petitioner has filed certain photographs to demonstrate the aforesaid action of the opponent contestant.3. Learned counsel for the Tamil Nadu State Election Commission and the Chennai Corporation would state that affixing posters on walls in public property or private property without permission is an offence and liable for prosecution under the provisions of the Tamilnadu Open PlacesAct 1959 and is in breach of the circular issued by the Tamil Nadu State Election Commission on 30.11.2021 deprecating the unhealthy practice of disfigurement defacement of ___________https: www.mhc.tn.gov.in judis W.P.No.32222public and private properties during the election campaign and directing the authorities to take necessary immediate action.4. We have considered the submissions and also perused the records. 5. On perusal of the photographs filed in the typed set of papers we find that posters have been affixed by the candidates on the walls including the wall of the office of Ward No.117 of Chennai Corporation. Affixing posters on the wall belonging to the public office or even private office without appropriate permission is prohibited.6. In view of the above the petitioner was asked to show the permission obtained by him for affixing the poster or even a small sticker. The petitioner could not show any permission obtained by him in that regard. We find that the petitioner has also affixed his poster on the poster already affixed by the opponent contestant. Thus we do not find any substance in the allegation made by the ___________https: www.mhc.tn.gov.in judis W.P.No.32222petitioner and for grant of prayer in this petition otherwise no ground is made out.7. It is disheartening to note that in the name of election the candidates are affixing posters on the walls belonging to public or private property without appropriate permission thereby disfiguring the open places of the city. For that purpose the Tamil Nadu State Election Commission and the Commissioner of Police Chennai City are directed to ensure the strict compliance of the Act of 1959 and the circular dated 30.11.2021 issued by the Tamil Nadu State Election Commission by not allowing any candidate to affix poster either on the wall belonging to the public or the private property without proper permission and even ensure prosecution of such person for flouting the rules by registering complaints on the candidates concerned. In this context the relevant portion of the circular dated 30.11.2021 is reproduced hereunder:"3) Both the Public and Private places are disfigured at the time of election by way of pasting election advertisement or posters and writings on the walls and rocks in violation of the Model Code of Conduct. ___________https: www.mhc.tn.gov.in judis W.P.No.32222Needless to say that this spoils the beauty of the towns and cities and causes loss to the private house owners who keep their houses and walls neatly. In order to prevent such disfigurement the Tamil Nadu Open PlacesAct 1959provides that disfigurement of any public or private place is an offence and punishable with imprisonment which may extend to one year or with fine which may extend to Five thousand rupees or with both. The offences are cognizable under the Act. Abetment of such disfigurement is also made punishable under the provisions of the Act.4) The police officers are empowered to remove erase pull down and destroy objectionable advertisements.5) The Tamil Nadu State Election Commission is of the firm view that this unhealthy practice of disfigurement defacement of public and private properties during the election campaign should be curbed with a heavy hand by invoking the provisions of law referred above. The Tamil Nadu State Election Commission therefore directs the Returning ___________https: www.mhc.tn.gov.in judis W.P.No.32222Officers Assistant Returning Officers of local bodies to take immediate measures wherever necessary for restoration to its original position of the defaced public private properties by directing the political parties and contesting candidates to remove their posters slogans and repaint the walls of public private property at their own expenses. In case of failure to comply with the instructions prosecution should be lodged against the concerned under the provisions of law referred above. Strict vigilance should be maintained to prevent such defacement of public private property particularly during election campaign and appropriate legal action should be taken against the violators.6) The Tamil Nadu State Election Commission hereby directs the District Collectors Commissioners of Police the Superintendents of Police and the Commissioner Chennai Corporation to strictly enforce the implementation of Model Code of Conduct by taking necessary action by issuing suitable instructions to their subordinate officers and also by launching inspection teams from time to time during the campaign period. Prompt prosecution of offenders in the early stages of campaigning will act ___________https: www.mhc.tn.gov.in judis W.P.No.32222as great deterrent to others. They are also requested to give wide publicity to the provisions of the said Act and the Model Code of Conduct among the general public political parties and contesting candidates. The Hon ble Supreme Court of India and the Hon ble High Court of Madras also given various Judgment in this regard to implement the provisions of the Act."[emphasis supplied]8. In view of the above a copy of the order would be served today itself on learned counsel appearing for the Tamil Nadu State Election Commission Chennai Corporation and learned Advocate General for compliance of the direction of this order.9. A wide publicity of this order would be given with a direction to all the candidates not to affix posters on the walls of public property and private property without proper permission and to remove the posters pasted on the walls immediately. The cost incurred for removal of such posters be recovered from the candidate whose poster was pasted on the wall of private property ___________https: www.mhc.tn.gov.in judis W.P.No.32222or public property without proper permission. 10. We further direct that if anyone is now found affixing posters by way of CCTV camera placed in the city they would be prosecuted as per law. The details of such person would be furnished to the Court for initiating contempt proceedings for flouting the direction of the Court. Accordingly the writ petition is disposed of . 11. Let this writ petition be listed on 21.02.2022 for filing report as to the strict compliance of this order by all the respondents to whom direction has been given.(D.B.C. J.) 16.02.2022 Index : Yes Nokpl drm___________https: www.mhc.tn.gov.in judis W.P.No.32222To:1. The Tamil Nadu State Election Commissioner Office of the Tamil Nadu State Election Commission No.208 2 100 Feet Road Arumbakkam Chennai 600 106.2. The Assistant Returning Officer Zonal Officer IX Ward No.117 Corporation of Chennai Rippon Buildings Chennai 3.3. The Commissioner of Police Chennai City Egmore.4. The Assistant Commissioner of Police Teynampet Chennai.5. The Assistant Commissioner of Police Mambalam Chennai.___________https: www.mhc.tn.gov.in judis W.P.No.32222M.N.BHANDARI CJAND D.BHARATHA CHAKRAVARTHY J.(kpl) W.P.No.32222 16.02.2022___________

Summary: A strict mandate not to affix posters of election candidates on the walls of public and private property without proper permission with regards to the upcoming Tamil Nadu Urban Local Body Polls was given by the High Court of Madras through the bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy in the case of P. Arumugam v. Tamil Nadu State Election Commissioner &amp; Ors. (W.P.No.3223 of 2022) The crux of the case is a writ petition was filed by one of the AIADMK candidates in the local body polls, P. Arumugam, alleging that the opponent contestant affixed the poster over the one already affixed by the petitioner candidate. The petitioner, therefore, sought the issuance of directions to the State Election Commissioner and Assistant Returning Officer for additional reinforcement of police force and total coverage throughout the election process. He also submitted photographs to prove the allegations against the opposition candidate. The circular previously issued by Tamil Nadu State Election Commission deprecated the practice of affixing posters on the walls of public/ private property during the election campaign. The circular also indicated that any such disfigurement of property during the election campaign will be ‘curbed with a heavy hand. The circular also directed the returning officers of local bodies to make the candidates/parties to remove any such posters and repaint the walls at their own expense. The first bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy in observed that the court asked the petitioner if he had the proper permission to affix the posters on the said property, the petitioner couldn’t show any proof to that effect. The court also pointed out that the candidates had pasited the posters even on the wall of the office of Ward No.117 of Corporation. Therefore, the court in the order that strict action will be taken against those who disfigure public/ private places by affixing posters as a part of the election campaign without obtaining the requisite permission. The bench stated “It is disheartening to note that in the name of election, the candidates are affixing posters on the walls belonging to public or private property, without appropriate permission, thereby disfiguring the open places of the city. For that purpose, the Tamil Nadu State Election Commission and the Commissioner of Police, Chennai City are directed to ensure the strict compliance of the Act of 1959 and the circular dated 30.11.2021 issued by the Tamil Nadu State Election Commission by not allowing any candidate to affix poster either on the wall belonging to the public or the private property without proper permission and even ensure prosecution of such person for flouting the rules, by registering complaints on the candidates concerned.  We further direct that if anyone is now found affixing posters, by way of CCTV camera placed in the city, they would be prosecuted as per law. The details of such person would be furnished to the Court for initiating contempt proceedings for flouting the direction of the Court. Accordingly, the writ petition is disposed of.”