Permission For Political Rallies Cannot Be Rejected Merely Because There Would Be Some Hindrance For Traffic & Free Movement Of People: Madras HC
The Madras High Court allowed BJP President J P Nadda’s rally in Tiruchirpally, Tamil Nadu stating that some hindrance for the traffic and free movement of people by itself is not a ground to reject permission.
The district secretary applied for permission to rally from Gandhi Market Arch to Malaikottai of Tiruchirappalli Constituency, Tamil Nadu.
The bench of Justice K Murali Shankar observed, “Just because there would be some hindrance for the traffic and free movement of the people, that by itself is not a ground to reject the permission.”
Advocate Niranjan S. Kumar appeared for the Appellant and Additional Advocate General R. Baskaran appeared for the Respondent.
Brief Facts-
The Petitioner, Rajasekaran, District Secretary, applied for rally permission with the Assistant Election Officer for their party's campaign with National President Shri Jagat Prakash Nadda. Permission was rejected citing heavy traffic due to nearby businesses and lack of permanent registration for the rally vehicle, despite a temporary registration copy provided by the petitioner.
The Appellant agreed to the offer of an alternative route from Kannappa Hotel to E.S.I. Hospital provided that the authorities including the respondents may be directed to give police protection and also to offer all necessary help.
The Court directed the respondents to grant permission for the rally in the alternative route, as agreed by both parties, i.e., the rally is to begin from Kannappa Hotel and finish at E.S.I. Hospital. The Court also directed to give necessary police protection by imposing necessary conditions.
Finally, the Court allowed the petition.
Cause Title: Rajasekaran v. Assistant Election Officer
Appearance:
Appellant: Adv. Niranjan S. Kumar
Respondent: Additional Advocate General R. Baskaran