Govt scheme ads to not use names, photos of living personality including former CMs: Madras High Court

Chennai: The Madras High Court has directed the Tamil Nadu government that while launching and operating welfare schemes through various advertisements, the name of any living personality, photograph of any former Chief Minister/ideological leaders or party insignia/emblem/flag shall not be included.

The first bench comprising Chief Justice M M Shrivatsava and Justice Sunder Mohan passed the interim order on Thursday on a petition filed by AIADMK MP C.Ve.Shanmugam and advocate Iniyan.

In his petition, Shanmugam sought to restrain the state government from introducing/rebranding any scheme in the name of any living personality pending disposal of his Writ Petition.

He also sought a direction to the Election Commission of India and the Committee on Content Regulation in Government Advertising to take necessary action against the DMK under Paragraph 16A of the Election Symbols (Reservation and Allotment) Order, 1968 and consequently forbear the state government from using the name "Stalin" in relation to the activities of the scheme emanating from G.O. (Ms) No. 390, Public (Mudhalvarin Mugavari) Department, dated 19.06.2025 and thus render justice.

In its order, the bench made it clear that it has not passed any order against launching, implementation or operation of any welfare scheme of the government.

The bench said on prima facie considerations, it finds that the prayer for the interim relief has been made on the apprehension that the state is proceeding to launch many welfare schemes on the same line as the advertisement under challenge in this petition.

The bench said the Supreme court has issued successive directives from time to time regulating the content of government advertisements. In a clarificatory order passed in a review, the Supreme Court in the case of Karnataka Vs Common Cause and others permitted certain exceptions to the directive issued in the case of Common Cause Vs Union of India.

As per the said order, publication of the photograph of the incumbent Chief Minister was permissible. The use of photographs of ideological leaders or former Chief Minister, prima facie, would be against the directives of the Supreme Court, the bench added.

The bench said it would not be permissible to mention the name of the living political personality in the nomenclature of the government scheme. Moreover, using the name of any ruling political party, its insignia/logo/emblem/flag also appears to be prima facie against the directives of the Supreme Court and the Election Commission of India, the bench added.

The bench said pendency of this petition shall not come in the way of the Election Commission of India or the authorities in initiating any proceeding on the basis of the complaint made by the petitioner.

The bench posted to August 13, further hearing of the case.