Maintain status quo on removal of existing flagpoles: HC full bench

Time of India

2 days ago

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Madurai: A full bench of the
Madras high court
on Tuesday directed the state to maintain status quo prevailing as of date until further orders concerning the removal of existing flagpoles of political parties and organisations across the state.
The full bench was hearing an appeal preferred by state secretary of the CPM, P Shanmugam, challenging the order passed by a single bench that dismissed his plea seeking to prevent officials from removing the party's flagpoles across the state. The appeal was referred to a larger bench by a division bench after considering that the earlier order of another single bench directing the removal of all flagpoles of political parties and organisations across the state was confirmed by a coordinate division bench.
Senior counsel N G R Prasad, appearing for the appellant, contended that issues of constitutional importance arise in this case since the rights of political parties, communal parties, or associations have been involved. The single bench issued directions in violation of the principles of natural justice, which were cited by a division bench while issuing a reference for the constitution of a full bench.
The state also requested securing necessary instructions from the authorities concerned on the issues raised by the parties.
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A full bench of justice S M Subramaniam, justice R Vijayakumar, and justice S Sounthar observed that to provide an opportunity to all political parties and organisations likely to be affected or aggrieved, they must be heard before taking the final decision on the issues raised by the parties. The judges directed the chief secretary to issue a public notification enabling political parties and organisations willing to get impleaded in the appeal as respondents for the purpose of presenting their case or defending the case of the appellant.
Hence, the judges directed the chief secretary to issue a public notification in two English and two Tamil dailies with wide circulation across Tamil Nadu, stating that those willing to get themselves impleaded as respondents in the present appeal should file the impleading petitions before the Madurai bench on or before Aug 5. The chief secretary should effect the publication on or before July 25. The judges made it clear that no petition for impleadment or any other purpose from any third party will be entertained after Aug 5.
Since the appellant raised an apprehension that the existing flagpoles would be removed by the state govt to implement the order passed by the single bench, the judges directed the state to maintain status quo. The respective parties are at liberty to file their affidavits or counter affidavits before the court on or before Aug 5. The matter was posted for hearing on Aug 6.
Meanwhile, CPM state secretary, Shanmugam, in a statement said that the interim order of the full bench is a victory for the legal battle of the party. He congratulated the counsel who appeared for the party in the case.