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The Madras High Court on Wednesday came down heavily on political parties sticking posters on private and public wall in the name of election. The Court issued direction against such campaign without permission. 

The Bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy, observed, 

"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. For that purpose."

The Petitioner herein, one P. Arumugam submitted that a complaint was lodged against the opponent contestant belonging to ruling party for affixing their posters on the posters already affixed by the petitioner. Arumugam had approached the Station Election Commission in this regard. In the petition Arumugam has asked for directions to provide uninterrupted and additional reinforcement of police force and total coverage throughout the election process scheduled to be held on 19.02.2022. 

Per contra, the SEC submitted that such affixing of posters on walls in public property or private property, without permission, is an offence Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. Hence, the Court asked for such permission to be furnished to the Court, which the was not done. 

The SEC further submitted that affixing such poster is also in breach of the circular issued by the Tamil Nadu State Election Commission on 30.11.2021 resulting in disfigurement/defacement of public and private properties during the election campaign. 

Thus the Court rejected the Arumugam's contentions observing, 

"The petitioner could not show any permission obtained by him in that regard. 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 Court further directed the Tamil Nadu State Election Commission and the Commissioner of Police, Chennai City to ensure strict compliance of the Act of 1959 and the circular dated 30.11.2021 issued by the Tamil Nadu State Election Commission and not allow any candidate to affix poster either on the wall belonging to the public or the private property without proper permission.

The Court also ordered prosecution of persons caught on CCTV flouting the orders, for contempt proceedings. 

The Court also ordered the political parties not to affix such posters and to remove any posters affixed. The cost incurred for removal of such posters be recovered from the candidate whose poster was pasted on the wall of private property, the Court ordered. 

P.Arumugam v. The Tamil Nadu State Election Commissioner & Ors.