Introduction
The Supreme Court of India has recently upheld the Madras High Court’s order directing political party for “flagpoles removal” from public spaces. The Supreme Court of India decisions represent an notable move towards safeguarding public property from political occupations and highlights the constitutional values centred on public interest and good governance.
Background of the case
· The concerned matter is AMMAVASITHEVAR Versus K.R. CHITHAN AND ORS., SLP(C) No. 20885/2025
· The dispute originated from the installation of political party flagpoles on public and government land throughout Tamil Nadu. Many flagpoles are installed in such a manner that they are posing a concern relating to public safety, legality and administrative governance.
· The Madras High Court acting suo motu issued a direction for “flagpole removal” within 12 weeks of time. And also direct the appropriate authorities, District collectors to recover the expenses incurred for their removal from the concerned political parties.
What are the issues raised?
· One of the issues raised is about the Disrupt traffic and public convenience as the many flagpoles are installed adjacent to roads, intersection and public institutions.
· Encroach upon and assert undue political influence over public spaces intended for neutral and common use.
· Breaches the constitutional principles that public property in for the benefit of all citizens rather than advancing the interest of political party.
What supreme court held
· The bench consists of Justice Ajay Rastogi and Justice Bela M. Trivedi heard the Special Leave Petition (SLP) filed against The Madras High Court order. The Supreme Court dismissed the plea.
· The bench also objected “How can government land be used for political benefits?” as the bench declined to interfere in The High Court’s direction, observing that the exercise of jurisdiction was justified and appropriately applied to safeguard public property.
· The bench also clarifies that the decision does not extend to the flagpoles on the private property adding on the condition that the installation should be done by the prior approval of the appropriate regulatory authority, must not cause any obstruction to public and should be removed when the event is concluded foe which the flagpole is placed.
Conclusion
The rejection of Challenge to The Madras High Court by The Supreme Court of India. It highlighted the principle of governance, legality and equality. By protecting the public spaces from the political encroachment, the judiciary has reinforced the rule of law and affirmed he collective right of citizens over common resources by “flagpole removal” and this is the judgment that can protect the public space from the political party usage not particularly in Tamil Nadu all over the country.
About the Author
Tushar Kumar is a final-year BBA-LLB student at Guru Gobind Singh Indraprastha University. With a strong interest in Intellectual Property Rights, he enjoys exploring how law interacts with innovation and creativity. He’s equally passionate about legal writing, Research and believes in making complex legal ideas easier to understand through clear articles. Tushar continues to deepen his understanding of the law while contributing thoughtful pieces on contemporary legal issues.