Cutouts and banners: carry out proper & independent inquiry;

The Madras High Court today directed police to carry out a proper and independent inquiry in pursuance of the April 17 FIR on removing banners and cutouts put up on April 9 along two main roads near a venue where AIADMK chief Jayalalithaa addressed an election rally.
The FIR was registered under Section 4A of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, on a complaint by the Election Commission's flying squad which found banners on a footpath in front of the meeting venue on April 9.
Alleging that it was a violation of the model code of conduct in force for the May 16 assembly polls, social activist 'Traffic' Ramasamy had filed a PIL, seeking to derecognise the two leaves symbol of ruling AIADMK.

When the matter came up earlier before the first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh, it had directed the EC to inform it if banners or hoardings put up by political parties on roadsides, but not at meeting venues, constituted a violation of the model code of conduct and if so, what action has to be taken.
The Chief Electoral Officer of Tamil Nadu, in his counter affidavit today, said organizers of the meeting had promptly removed banners and hoardings that morning on the roads, following objections by the Election Commission officials.
The counter said the AIADMK North Chennai district secretary had applied for permission to hold the meeting at Island Grounds on April 9 and the Returning Officer, Harbour Assembly constituency, granted it on April 7, subject to conditions.

The EC's flying squad informed the Chennai district Election Officer on April 8 that preparatory works for erection of banners and cut-outs at various places on the pavements. The RO instructed the applicant to remove them.

The applicant removed the structures on April 9 morning.
However, the flying squad noticed some banners erected on the road near the meeting venue and lodged a complaint with the police and an FIR had been registered.
The same bench disposed of the PIL today after recording the counter affidavit and directed police to carry out proper and independent inquiry in pursuance of the FIR.

It also recorded the CEO's submission that the election notification would be published onApril 22,from which date various officials, including the police department, would be deemed to be under deputation to the ECI.