Political parties in the State are set to face a tough time during the campaign for ensuing elections to the Lok Sabha.
After having banned installation of ex boards in public places by the political parties, the Madras High Court on Friday called for a status report from the State government on steps taken to prevent erection of unauthorised flag poles too on roadsides.
Justices S. Manikumar and Subramonium Prasad took note of a circular issued by the Election Commission of India on January 18, 2012, with respect to prevention of defacement of properties and use of other campaign-related materials and said the status report should be filed by March 25, since ECI guidelines had to be implemented for Parliamentary elections. Interestingly, the interim order was passed on a public interest litigation petition filed by advocate A. Radhakrishnan during the 2016 Legislative Assembly elections. Filing an affidavit in support of his petition, the petitioner had contended that indiscriminate erection of flag poles on roadsides damages underground optic fibre cables besides posing a threat to road users.
The case remained gathering dust for about two years till a Division Bench of Justices M. Sathyanarayanan and P. Rajamanickam took it up on December 3, 2018 and passed a detailed interim order incorporating various statutory provisions applicable to erection of such flag poles in corporations, municipalities, town panchayats as well as village panchayats.
After incorporating the legal provisions in their order, the judges said: “A perusal and consideration of the above cited statutory provisions and rules would prima facie disclose that erection of flag poles by any political party or organisation without license or permission is prohibited. But the said provisions are complied with rather in breach.”
Stating that the local bodies too turn a blind eye to the illegality for reasons best known to them, the judges said: “the result is that pedestrians as well as other road users are put to grave risk and peril.” In the event of any mishap taking place, the judges warned that the local bodies would have to compensate the victims instead of shifting the blame on the violators.
“Therefore, it is for the local body concerned to ensure that no flag poles are erected on road margins,” the judges had said and called for status reports or counter affidavits from the government officials.
When the matter was taken up for hearing by a Division Bench led by Mr. Justice Manikumar on Friday, they found that no status report had been filed despite more than three months having elapsed since the last order.
