New Delhi, Aug 6 (UNI) The Supreme Court today set aside the interim order of the Madras High Court which had restrained the Tamil Nadu Government from using the name of Chief Minister MK Stalin for its flagship welfare awareness campaign ‘Ungaludan Stalin’ (your Stalin).
The court also imposed a cost of Rs 10 lakh on AIADMK MP C. Ve Shanmugam, who had originally challenged the scheme, terming his petition “politically motivated” and an “abuse of the process of law.”
A three-judge bench comprising Chief Justice of India BR Gavai, Justice K. Vinod Chandran, and Justice NV Anjaria delivered the verdict in response to appeals filed by the Dravida Munnetra Kazhagam (DMK) and the Tamil Nadu government.
The court not only quashed the High Court order but also withdrew to itself the pending petition in the Madras High Court, dismissing it in its entirety.
Criticising the selective challenge mounted by the AIADMK MP, the Supreme Court observed, “When schemes are floated in the names of leaders across political parties and states, we do not appreciate the anxiety of the petitioner in choosing only one political party and one political leader.
“If the petitioner was genuinely concerned about the misuse of public funds, he should have challenged all such schemes.”
The court further noted that the writ petition had been filed merely three days after a representation was made to the Election Commission of India.
“This shows the petitioner was in undue haste and the petition is not only misconceived in law but is also an abuse of the process of law,” the bench remarked.
Accordingly, the court directed Shanmugam to deposit Rs10 lakh with the Tamil Nadu government within one week. The amount is to be used exclusively for the welfare of the underprivileged.
Appearing for the DMK, senior advocates Mukul Rohatgi, Dr AM Singhvi, and P Wilson defended the government’s right to use the Chief Minister’s name for a welfare outreach initiative.
Rohatgi submitted that the Supreme Court’s 2015 Common Cause judgment permitted the use of the photographs of serving prime ministers, chief ministers, cabinet ministers, and governors in advertisements and official campaigns.
He pointed out that during the AIADMK tenure, numerous schemes were launched under the brand “Amma” referring to the late CM Jayalalithaa.
Dr. Singhvi added that the Common Cause ruling pertained only to the use of photographs and did not prohibit naming schemes after incumbent leaders.
Advocate general PS Raman appeared for the Tamil Nadu government virtually.
On the other side, senior advocate Maninder Singh, representing petitioner Shanmugam, argued that the scheme’s title itself, ‘Ungaludan Stalin’, ‘ constituted undue political branding.
However, CJI Gavai countered by asking Singh to cite any specific prohibition within the Common Cause judgment against naming schemes after sitting chief ministers.
“Even the use of photographs has been diluted by subsequent orders,” the CJI noted.
At one point during the hearing, the bench cautioned Singh, “You can continue to argue, but you should know that the cost will be commensurate with the time you take. We are warning you.”
The Madras High Court’s now-quashed interim order had prohibited the use of names or photographs of living personalities, former chief ministers, ideological leaders, or political party insignia in government advertisements.
However, the apex court found that the High Court’s approach lacked balance and objectivity, especially given that similar practices were prevalent during past regimes.
The top court reiterated its longstanding view that political disputes should be resolved electorally, not judicially.
