SC raps AIADMK MP for casting aspersions on ECI, imposes Rs 10 lakh cost

Under fire from the opposition over Special Intensive Revision of electoral rolls in Bihar, the Election Commission of India has got a favourable verdict from the Supreme Court which slammed AIADMK MP C Ve Shanmugam for casting aspersions on the poll panel and slapped Rs 10 lakh costs on him.

“Not giving even a breathing period to the ECI and making such statements with regard to the Commission’s failure to act on the representation within a reasonable period, the writ petitioner, in our view, has also tried to castigate the ECI,” a three-judge Bench led by Chief Justice of India BR Gavai said.

The Bench – which also included Justice K Vinod Chandran and Justice NV Anjaria – set aside the Madras High Court’s July 31 order restraining the Tamil Nadu Government from starting any new scheme or rebranded public welfare schemes after living persons.

The high court had also barred the use of portraits of former chief ministers, ideological leaders, or any DMK insignia, emblem, or flag in advertisements promoting such schemes.

The top court imposed Rs 10 Lakh as cost on the petitioner AIADMK MP “to be deposited with the State of Tamil Nadu.”

Writing the judgment for the Bench, CJI Gavai asked political parties not to settle political scores in courts.

“Time and again we have observed that the political battles should be fought before the electorate. At the cost of repetition, we observe that courts should not be used to settle the political scores between the rival political parties. We are, therefore, of the considered view that the Writ Petition itself was not only misconceived in law, but also totally an abuse of the process of law,” the CJI wrote in an August 6 verdict.

Shanmugam had made a representation to the Election Commission under the Election Symbols (Reservation and Allotment) Order, 1968. However, only three days after submitting his representation to the poll panel, the AIADMK leader moved the Madras High Court alleging inaction on his complaint.

The Bench strongly disapproved of the haste shown by Shanmugam, saying it amounted to an attempt to castigate the ECI.