CPM challenges Madras HC order on flagpole removal

CHENNAI: CPM has filed an appeal before the Madurai Bench of the Madras High Court, challenging a recent direction by Justice Ilanthiraiyan ordering the removal of flagpoles erected by political parties and organisations across the state. The High Court order issued on January 27, 2025, called for the removal of all such flagpoles.

In its appeal, the CPM argues that the ruling contravenes fundamental rights enshrined in Articles 19 (1) (a) and 19 (1) (c) of the Indian Constitution, which guarantee freedom of speech, expression, and the right to form associations.

The petition contends that the judiciary lacks the authority to legislate and that such matters fall under the jurisdiction of the executive. It also states that the court failed to consider these constitutional and legal aspects before issuing its directive.

"The CPM has a long-standing history of sacrifice and service to the people. Our party flag represents the working class and the farming community. Demanding its removal is a violation of democratic values, " said P Shanmugam, State Secretary of the CPM.

He also noted that the directive was issued without allowing them the opportunity to present their case and has therefore sought to have the order set aside.

In addition, the CPM has filed a review petition against a previous dismissal by a division bench on 6 March 2025, which rejected a similar appeal filed by another petitioner. The party has requested that, until a final decision is made, an interim stay be granted to prevent the removal of party flagpoles.