Sri Bhimappa Gundappa Gadad v. The State of Karnataka
The Karnataka High Court dismissed the Public Interest Litigation (PIL) against use of names and photographs of CM in the advertisements of State government schemes.
The division bench of Chief Justice Prasanna B. Varale And Justice Krishna S Dixit has observed, “We do not much subscribe to the submission that these advertisements involve huge expenditures and therefore, they should never be permitted. After all, in live, be it of an individual or institutions, nothing comes free”.
The petitioner vehemently argued that the advertisement, flexes and boards containing the photographs of Chief Minister, Deputy Chief Minister and other Ministers would cost the exchequer heavily and that even otherwise such an advertisement counsel cannot be undertaken in the teeth of Apex Court decisions and of this Court.
on request appearing for the respondents opposes the petition repelling the submission of the counsel for the petitioner. She also contends that the decision cited at the Bar do not support the case of the petitioner. So contending, she seeks dismissal of the writ petition.
The court noted that ours is a body polity running within the parameters of a ‘Democratic Republic’, going by the Preambular version in our Constitution. Periodically, the elections are held to the legislative bodies i.e the Parliament at the National level and to the State Legislatures at the provincial levels, as has been enjoined Constitutionally. The elections are fought by the political parties and the candidates ordinarily disclosing their policies and programmes in the election manifesto. Once the candidates are elected to the seat of power, the policies or programmes are evolved at the level of the Government and the same need to be communicated to the public at large so that the benefit thereof can be availed collectively or individually.
“We do not much subscribe to the submission that these advertisements involve huge expenditures and therefore, they should never be permitted. After all, in live, be it of an individual or institutions, nothing comes free. There can be no manner of doubt that one or the other Government advertisement coinciding with some event or occasion is published almost everyday. Publication of photographs of individuals be they State functionaries or workers of the political parties has the tendency of associating that particular individual with the institutional achievements that are highlighted in the advertisement,” the court noted.