VidhiSangh

Supreme Court of India · 06/08/2025

DRAVIDA MUNNETRA KAZHAGAM versus THIRU. C. VE. SHANMUGAM

[2025] 8 S.C.R. 956 · 2025 INSC 976

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Summary

The Supreme Court set aside an ex parte interim order of the Madras High Court restraining the State of Tamil Nadu from using the name or photograph of any living personality, former Chief Minister or party insignia while publicising the "Ungaludan Stalin" welfare-outreach scheme, withdrew the underlying writ petition to itself and dismissed it with costs of Rs. 10 lakh as an abuse of process, holding that naming schemes after political leaders is a countrywide practice and that political battles must be fought before the electorate, not in court.

Issues

  1. Whether the Common Cause line of decisions on government advertising prohibits a State welfare scheme from being named after a political leader.
  2. Whether the High Court was justified in passing an ad interim order on the day of filing, without giving the State time to file an affidavit.
  3. Whether a writ petition filed three days after a complaint to the Election Commission of India under Clause 16A of the Election Symbols (Reservation and Allotment) Order, 1968, singling out one party and one scheme, was maintainable or an abuse of process.

Provisions considered

Held

Result

Appeals allowed; interim order of the High Court dated 31/07/2025 quashed and set aside; Writ Petition No. 27277 of 2025 withdrawn to the Supreme Court and dismissed with costs of Rs. 10,00,000 to be deposited with the State of Tamil Nadu within one week, to be used only for welfare schemes for the underprivileged; failure to deposit within a week renders the writ petitioner liable for contempt; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 956.