[Tamil Nadu local body elections] Do not affix posters without permission: Madras High Court to candidates

The Madras High Court on Wednesday warned candidates of the upcoming Tamil Nadu local body elections not to affix posters on private and public property without permission [P Arumugam v. Tamil Nadu State Election Commissioner]..A Division Bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy directed all election candidates to remove the posters pasted on the walls immediately. The order stated,"It is disheartening to note that in the name of election, the candidates are affixing posters on the walls belonging to public or private property, without appropriate permission, thereby disfiguring the open places of the city.".The Court also warned that those found to be violating its order would be prosecuted under the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 and would face contempt action. Further, candidates found affixing posters without permission would be made to cover the cost of removal of these posters, the Court clarified.It thus directed the Tamil Nadu State Election Commission and the Chennai City Commissioner of Police to ensure the strict compliance of existing rules and laws..The High Court was hearing a plea moved by candidate P Arumugam, who had lodged a complaint against an opponent belonging to the ruling party for affixing his own posters over those already put up by the petitioner.The petition sought additional reinforcement of police forces and total coverage for the local body election to be held on February 19 in Ward 117 in Chennai.Before the High Court, counsel for the Tamil Nadu State Election Commission and the Greater Chennai Corporation submitted that affixing posters on walls in public property or private property, without permission, is an offence and liable for prosecution under the provisions of the Tamil Nadu Open Places (Prevention of Disfigurement) Act.The same is also in breach of the circular issued by the Tamil Nadu State Election Commission on November 30, 2021, it was submitted. .The Court found that the petitioner was unable to show the permission obtained by him for affixing posters or stickers. In this light, it ordered,"...we find that the petitioner has also affixed his poster on the poster already affixed by the opponent contestant. Thus, we do not find any substance in the allegation made by the petitioner and for grant of prayer in this petition, otherwise no ground is made out.".The matter will be now heard on February 21, for compliance..Adovcate EV Chandru appeared for the petitioner. Standing Counsel S Sivashanmugam represented the State Election Commission, while Advocate Karthika Ashok appeared for the returning officer. Advocate General R Shunmugasundaram assisted by State Government Pleader P Muthukumar appeared for the State Police..[Read Order]