Madras HC: Officials, political parties to face action if flagpoles found along road, on median

CHENNAI: The State government should ensure that no political party erects temporary flagpoles in the middle of roads or along the roadside, directed the Madras High Court, warning that contempt of court proceedings would be initiated not only against officials but also against the political parties if the order is violated.

Based on the earlier order of the High Court, the State government had already framed guidelines regarding the erection of temporary flagpoles for political events. In this backdrop, the case relating to the erection of flagpoles on the middle and sides of roads came up for hearing at the Madurai bench before Justice GK Ilanthiraiyan.

During the hearing, reports were filed on behalf of 37 Collectors regarding the rent collected for erecting temporary flagpoles for political events and cases registered for violating the rules. The government submitted that action was being taken against political parties that violated the guidelines.

At this juncture, the judge expressed displeasure, stating that although the court had ordered that temporary flagpoles should not be erected in the middle of roads, flags up to 10 feet high were still being placed on the road, and yet no action was being taken against political parties.

The judge noted that these flagpoles were being erected in a manner that endangered the lives of the public, and added that it was the government's responsibility to protect the people.

The judge also pointed out that recently, temporary flagpoles in connection with the Deputy Chief Minister's birthday celebrations were erected on Greenways Road in Chennai, where the residences of judges and ministers are located. The ones who are affected by these structures are the poor who walk on the roads, not those who travel in cars, he said, adding that political parties – which have the capacity to spend – should be required to pay advance fees for erecting flagpoles.

He also pulled up officials stating that they do not question political parties and noted that this amounted to contempt of court. Hence, the government must ensure that no political party erects temporary flagpoles in the middle or sides of roads, he said, and warned that contempt proceedings would be initiated against not only the officials but also the political parties involved.

The judge directed the Chief Secretary to issue necessary instructions to all departments concerned and Collectors, and adjourned the hearing to January 6.