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2025 Supreme(SC) 1198
SUPREME COURT OF INDIA
B.R.GAVAI, CJI., K. VINOD CHANDRAN, N.V. ANJARIA, JJ.
Dravida Munnetra Kazhagam – Appellant
Versus
Thiru. C. Ve. Shanmugam – Respondent
Civil Appeal No. 10259 of 2025 [Arising out of SLP (Civil) No. 21487 of 2025] with Civil Appeal No. 10260 of 2025 [Arising out of SLP (Civil) No. 21995 of 2025]
Decided On : 06-08-2025
For the Petitioner(s): Mr. Mukul Rohatgi, Sr. Adv. Mr. P. Wilson, Sr. Adv. Mr. A. Mariarputham, Sr. Adv. Mr. Richardson Wilson, Adv. Mr. Apoorv Malhotra, Adv. Mr. Lokesh Krishna, Adv. Mr. Aditya Ojha, Adv. Mr. Ankit Sharma, Adv. Mr. Saran Raghunandan, Adv. Mr. Aravind, Adv. Ms. Anuradha Arputham, AOR Ms. Misha Rohatgi Mohta, Adv. Mr. P.S. Raman, Adv. Gen. (State of T.N.) Dr. A.M. Singhvi, Sr. Adv. Mr. T. Harish Kumar, AOR Ms. Priyansha Sharma, Adv. Mr. Shubham Kothari, Adv. Mr. Deepak Jain, Adv. Mr. Shubham P. Chopra, Adv.
For the Respondent(s): R-1 Mr. Maninder Singh, Sr. Adv. Mr. K Gowtham Kumar, Adv. Mr. Subornadeep Bhattacharjee, Adv. Mr. Inbadurai, Adv. Mr. V Prabhu, Adv. Mr. Balaji Srinivasan, AOR
For the Respondent(s) R-4: Mr. P.S. Raman, Adv. Gen. (State of T.N.) Mr. T. Harish Kumar, AOR Ms. Priyansha Sharma, Adv. Mr. Shubham Kothari, Adv. Mr. Deepak Jain, Adv. Mr. Shubham P. Chopra, Adv.
The Court ruled that naming welfare schemes after political figures is permissible, provided it does not misuse public funds for political glorification, emphasizing that proper judicial process must be adhered to.
Headnote:(A) Constitution of India - Article 226 - Writ Petition challenging the interim order of the High Court prohibiting the use of names, photographs, and insignia in government welfare schemes - The court observed that absence of clear pleadings in the writ petition and the hurried approach in filing it indicates misuse of judicial process - It was highlighted that the Court should not be used to settle political scores - (Paras 3, 26, 27)
(B) The court ruled that previous judgments do not prohibit naming schemes after political figures - The appeals were allowed with costs imposed on the writ petitioner due to abuse of the process of law. (Paras 11, 27, 28)
Facts of the case:
This batch of appeals involves the challenge to a High Court order that temporarily restrained a political party from using its names and symbols in government welfare advertisements following a petition filed claiming potential misuse of public funds and public resources in favor of political promotion.
Findings of Court:
The Court concluded that the petition was misconceived and an abuse of legal process, thereby allowing the appeals and quashing the High Court's order, while imposing costs.
Issues: The main issues addressed involved the validity of the use of political leaders' names in government schemes and whether the writ petition was an abuse of the process of law.
Ratio Decidendi: The Court noted that political battles should be fought before the electorate and not in the courts, emphasizing the need to avoid the judicial process being misused for political disputes.
Result: Appeals allowed; Writ petition dismissed with costs.
| Table of Content |
|---|
| 1. implementation of welfare schemes and public engagement. (Para 5 , 6 , 7) |
| 2. legal basis for writ petitions and representations. (Para 8 , 9 , 10) |
| 3. legal arguments regarding naming schemes after political leaders. (Para 11 , 12 , 14 , 16) |
| 4. precedents on use of political figures in public advertisements. (Para 17 , 18 , 19) |
| 5. judicial scrutiny on the motives behind filing the writ petition. (Para 20 , 21 , 22) |
| 6. judicial role in political disputes. (Para 25 , 26) |
| 7. decision to quash the high court order and dismiss the writ. (Para 27 , 28 , 29 , 30) |
JUDGMENT
B.R.GAVAI, CJI
1. Leave granted.
2. In the peculiar facts and circumstances of the case, we withdraw the Writ Petition No.27277 of 2025 pending before the High Court of Judicature at Madras (hereinafter referred to as “High Court”) and take up the same also for hearing along with the present appeals.
3. This batch of matters challenge the order passed by the Division Bench of the High Court dated 31st July, 2025 in WMP No. 30663 of 2025 in Writ Petition No. 27277 of 2025, by which the learned Judges of the Division Bench have passed an interim order to the effect that while launching and operating Government Welfare Schemes through various advertisements, the names of any living personality, photograph of any former Chief Minister/ideological leaders or party insignia/emblem/flag of appellant (Dravida Munnetra Kazhagam) shall not be included. The Division Bench of the High Court was gracious enough to add that it has not passed any order against launching, implementation or operation of any welfare scheme of the Government.
4. Since we have withdrawn the Writ Petition pending before the High Court and we are hearing the Writ Petition itself, we propose to refer to the facts as stated in the Writ Petition No. 27277 of 2025.
5. The Writ Petition has been filed by the respondent no.1 herein, who is a sitting Member of Parliament, belonging to a political party which is in opposition in the State of Tamil Nadu. The State of Tamil Nadu vide the Notification G.O. (Ms) No.390 Public (Mudhalvarin Mugavari) Department (hereinafter referred to as “said G.O.”), dated 19th June, 2025, has promulgated a scheme known as “Ungaludan Stalin”, which as per the English translation means “Your’s Stalin”. By the said scheme, what has been provided is that though various schemes have been notified by the State Government, the citizens encounter challenge in availing of the said schemes due to lack of knowledge, information on eligibility and procedures to be followed, difficulty in understanding the procedural aspects like uploading required documents, challenges in use of technology amongst others leading to multiple applications and delays in service offered online.
6. The said G.O. further states that the Chief Minister taking into account the difficulties faced by the common people, announced in the floor of Legislative Assembly on 25th April, 2025, that 9,000 camps will be conducted across the State to reach out to every family and deliver eligible scheme benefits and services to the citizens in a time bound manner. It further states that the Chief Minister also announced that during these camps, applications will be received from the eligible left-out women for Kalaignar Mahalir Urimal Thittam (KMUT Scheme). The said G.O. further states that based on these announcements, the Chief Minister’s office has prepared proposal for implementation of the “Ungaludan Stalin” Scheme. It states that under the said scheme, 10,000 camps will be conducted across the State, to deliver the most sought-after services and schemes through localized camps to reach out to the people even in remote corner of the State. Under the said scheme, it is stated that every household will be visited by a volunteer, who will inform the family about the objective and details of the camp, handover the application and pamphlet containing the list of schemes/services, explain the eligibility conditions and document
