The Madras High Court has refused to issue a writ of ‘quo warranto’ on petitions filed by members of a pro-Hindu outfit against DMK Ministers Udhayanidhi Stalin and P K Sekar Babu and Member of Parliament A Raja, challenging their right to hold office following comments allegedly against Sanatana Dharma.
The quo warranto petitions raised concerns regarding the authority under which they held their official positions.
Justice Anita Sumanth dismissed the petitions filed by two Hindu Munnani functionaries and another individual, which questioned the legitimacy of the three DMK leaders holding official positions after participating in an “anti-Sanatana Dharma meeting” and allegedly delivering speeches against it.
The court acknowledged that there might be ideological disparities among individuals in power and emphasized that such differences should stem from a comprehensive understanding of the system being critiqued. Importantly, any criticism should be constructive rather than destructive.
According to senior counsel P Wilson, representing Udhayanidhi, the relief sought by the petitioners, seeking the issuance of a writ of quo warranto, was denied. He remarked, “It is a victory for the client.”
In her ruling, Justice Anita Sumanth noted that the relief sought by the petitioners was premature, given that multiple FIRs regarding the Sanatana Dharma issue were pending before different police stations, with no convictions thus far. Therefore, the writ of quo warranto would not be applicable at this stage, the judge added.
The judge emphasized that statements made by the Ministers must be factually accurate. Regardless of their ideology, individuals in such positions must advocate only the morality upheld by the Constitution.
