SC Strikes Down HC Ban On Stalin Scheme, Imposes Cost On AIADMK MP

M.K. Stalin

The Supreme Court on Wednesday overturned a Madras High Court interim order that had barred the Tamil Nadu government from using Chief Minister M.K. Stalin’s name for the ‘Ungaludan Stalin’ (Your Stalin) outreach scheme.

The apex court also came down heavily on the petitioner, AIADMK MP C. Ve Shanmugam, calling the plea “politically motivated” and an “abuse of process”.

A bench led by CJI B.R. Gavai and comprising Justices K. Vinod Chandran and N.V. Anjaria was hearing appeals filed by the Tamil Nadu Government and the DMK against the High Court’s interim ban.

“Why Only One Party Targeted?” Asks Supreme Court

The Court questioned the selective targeting of the ruling DMK’s initiative while similar practices were followed during the AIADMK regime.

“Planting of schemes in the name of political leaders is a phenomenon followed across the country. We do not appreciate the anxiety of the petitioner to choose only one political party and leader,” the bench said.

It noted that schemes named after former leaders, including “Amma” (late CM J. Jayalalithaa), were common during the AIADMK’s rule.

The Court criticized the petitioner for rushing to court just 3 days after writing to the Election Commission, calling the writ “misconceived” and “an abuse of the process of law”.

PIL Dismissed With ₹10 Lakh Cost

The Court dismissed the High Court petition and imposed a cost of ₹10 lakh, to be paid by the petitioner to the Tamil Nadu government within a week. The sum has been directed to be used for welfare measures benefiting underprivileged communities.

“Time and again, we have observed that political battles should be settled before the electoral roll and courts should not be used for this,” the CJI said.

Senior Advocate Maninder Singh, appearing for Shanmugam, argued that the scheme was using the CM’s name to indirectly promote the ruling party. However, CJI Gavai pushed back, asking Singh to cite any clause in the Common Cause (2015) judgment that explicitly bans naming schemes after sitting CMs.

“Even the use of photographs has been diluted by subsequent orders,” the CJI pointed out, referencing modifications that allow photos of Governors and Ministers in government promotions.

DMK, State Say Scheme Is For Awareness

Senior Advocates Mukul Rohatgi, Abhishek Manu Singhvi, and P. Wilson defended the scheme, clarifying that ‘Ungaludan Stalin’ is not a welfare scheme in itself, but a doorstep awareness campaign to educate citizens about existing government schemes.

Wilson argued that the Election Commission’s guidelines, issued after the Common Cause judgment, only restrict use of party symbols or names, not the names of public officeholders.

“The scheme was launched on June 19, and a politically motivated PIL was filed a month later,” Wilson submitted.

Court Placed Broad Restrictions

The now-overturned High Court order had prohibited the inclusion of names or photos of living persons, former Chief Ministers, ideological leaders, or any party symbols in official advertisements for government schemes.

The Madras High Court had relied on State of Karnataka v. Common Cause, which allows use of a sitting CM’s photo but discourages promotion through former leaders’ images or party insignia.

The Supreme Court’s ruling not only lifted the restriction on using MK Stalin’s name for the scheme but also sent a clear message against the selective legal targeting of political opponents. By imposing a monetary penalty, it underscored the need to discourage frivolous or partisan PILs aimed at scoring political points.