Party flagpole removal issue referred to larger bench; CPM welcomes decision

CHENNAI: The Madurai Bench of the Madras High Court has referred the petition over the removal of political party flagpoles to a larger bench comprising more than two judges. This direction comes in a case filed by the CPM, challenging an earlier order mandating the removal of such flagpoles.

In a statement, CPM state secretary P Shanmugam said that Justices GR Swaminathan and K Rajasekar, who constituted the present bench, reversed earlier rulings, including those delivered by a single judge and a two-judge bench, that had upheld orders for the removal of all unauthorised flagpoles across the State, including those erected by political parties, organisations, and movements.

“The current bench observed that the earlier single-judge order was issued without hearing the views of the affected political parties. It also stated that the directive to remove even those flagpoles erected with due permission was contrary to the principles of natural justice and could not be considered legally valid. In particular, the judges questioned whether the blanket directive to remove flagpoles located on private properties was justifiable. Noting the legal and constitutional implications, they recommended that a bench comprising more than two judges hear the matter and arrive at a final determination,” he said.

Shanmugam welcomed the High Court’s latest directive and expressed hope that political rights, including the right to display party flags on private land, would be upheld within the constitutional framework.