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Court dismisses plea seeking continued AIADMK support

A division bench of the Madras high court has dismissed as not maintainable, a public interest litigation seeking a direction to the All India Anna Dravida Munnetra Kazagham and its allies to offer unconditional support to the Bharatiya Janata Party-led government at the Centre for the full five-year term or till the dissolution of the Lok Sabha.

Disposing of the petition, filed by the Desiya Pagutharivu Kazhagam, the bench comprising Chief Justice M S Liberhan and Justice E Padmanabhan made it clear that a writ of mandamus was not maintainable against persons who did not hold public office as they were not entrusted with any public duty.

It said the shifting of loyalty, duty or principles of parties which had declared support to a political party to form a government could not be the subject matter for judicial review under Article 226 of the Constitution.

The bench said electoral propaganda or assurance was nothing but an option given to the electorate to exercise their franchise.

Merely because some of the political parties were recognised for the purpose of allotment of election symbols, it could not be assumed that they would fall within the ambit of ''State'' as provided in Article 12 of the Constitution or in the category of "other authorities".

A political party was a voluntary organisation which had no statutory power, the bench observed and added that for several reasons, political parties might give assurances, but no petition was maintainable for enforcement of such assurances.

The bench said the tendency of public interest litigants who proclaimed themselves to bring forth constitutional issues had to be deprecated as it was a ploy to seek publicity.

UNI

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