State Can't Deny Permission For Book Launch Event Merely Due To Participant's Candidature In Elections: Madras High Court

“After considering the submissions made by the Learned Senior Counsel appearing for the petitioner, the learned counsel appearing for the Election Commission and the learned counsel for the State Government, this Court is of the view that the State cannot feel shy for granting permission to the Book release function just because it is about a person who is a candidate in the Election or he is going to participate in the function,” the court said.

Justice G Jayachandran was hearing a plea by Shre Dharmaaraghavan, who wanted to organize an event for the launch of the book “Professionals in Politics”. The event was to be addressed by Drona Charya Awardee Mr. RB Ramesh, Badri Seshadri Publisher and TV Panelist, Former IPS Officer and TN State BJP President K Annamalai, Technocrat and Business Mr Murali and Journalist, CEO and Anchor Mr Rangaraj Pandey. The Assistant Election Officer, Singanallur had declined permission for the book launch event.

The petitioner argued that the permission was denied citing an earlier incident when a round table debate program was conducted by one of the Television channels which ended in disturbance. The petitioner however submitted that the round table debate was a political debate whereas the present event was a non-political event.

The petitioner also undertook to conduct the event in a professional manner and take necessary precautions. The petitioner also assured the authorities that the event would be conducted in strict adherence to all applicable laws and regulations and also assured that there would be no scope for any form of debate, discussion, or one-to-one interaction that could potentially escalate tensions.

The election commission submitted that there was no difficulty for the Election Commission if it was satisfied that there would not be any Law & Order issues and the program followed the Code of Conduct. The ECI also informed the court that they would consider the application for permission afresh.

The State government informed the court that during the earlier round table debate, a tense situation was created at the indoor auditorium. Thus, the state argued that permission could not be granted for the book launch event and added that even before seeking permission, the invitation was circulated on social media.

Considering the submissions, the court directed the State Government and the Election Commission to pass appropriate orders in accordance with the law and spirit of Part III of the Constitution and Article 324 of the Constitution.

Counsel for the Petitioner: Mr. R. Sankaranarayanan, Senior Counsel for M/s.Ramaswamy Meyyappan

Counsel for the Respondents: Mr.K.M.D.Muhilan for R1 Government Advocate Mr.Niranjan Rajagopalan, for M/s.G.R.Associates

Citation: 2024 LiveLaw (Mad) 153

Case Title: S.ShreDharmaaraghavan v Inspector of Police and Others

Case No: Crl. O.P.No.8827 of 2024