Madras HC bars political parties from erecting Banners, Hoardings (yet again)

The Madras High Court has come down heavily on the state government and errant political parties for continuing to flout court orders and state rules by erecting illegal banners and hoardings in Tamil Nadu..While passing orders censuring the government for allowing such routine violations, the Court has also restrained political parties from erecting banners on roads and pathways likely to obstruct vehicular and pedestrian traffic across the state until further orders..The Bench of Justices M Sathyanarayanan and P Rajamanickam passed the order in yet another PIL filed by social activist Traffic Ramaswamy..During the course of hearing the matter, the Court observed that even though orders against illegal banners were passed as early as 2006, the state continues to allow the erection of such banners without any application of mind..Earlier this year, Justice TS Sivagnanam had also orally observed that court directions against the erection of illegal banners and hoardings remain as mere “paper orders.” Echoing the view, a Bench headed by former Chief Justice Indira Banerjee had opined that there appeared to be little point to litigating on the issue. To remedy the same, the First Bench had also suggested that a new law be made..Whereas AAG SR Rajagopal submitted today that the state would submit an affidavit to ensure that such violations do not take place in the future, the Court declined to entertain the request. While Rajagopal attempted to explain the violations under scrutiny, the Court cut him short, observing that not just one, but multiple violations have taken place..“What happened was…”, said Rajagopal..“Not ‘was'”, remarked the Court. “…Tomorrow also it will happen.”.The Bench noted that it is the “standard reply” of the government to submit that the objectionable banners have been taken down after the same is brought to the Court’s attention. However, promises to prevent such future violations remain unkept..In view of the state’s failure to ensure that such banners and hoardings are not erected, the Court noted that it has no option but to intervene. It has also opined that the state should submit a clear undertaking to ensure compliance of the rules and prevent such violations henceforth..In the meantime, directions have also been issued to the effect that political parties are banned for erecting obstructive banners across the state until further orders..The matter has been posted to be taken up next on January 4, 2019..Image courtesy: Manivasagan N