Chennai: The Madras High Court on Wednesday declined to issue a writ of ‘quo warranto’ on petitions filed by members of a pro-Hindu outfit against DMK Ministers Udhayanidhi Stalin and P K Sekar Babu and Member of Parliament A Raja, questioning their right to hold office after they made comments allegedly against Sanatana Dharma.
The quo warranto petitions questioned under what authority they were holding their official posts.
Justice Anita Sumanth disposed of the petitions filed by two Hindu Munnani functionaries and another person, which questioned the authority of the three DMK leaders holding official posts when they had participated in an “anti-Sanatana Dharma meeting” and allegedly delivered speeches against it.
The court said there may be ideological differences between persons holding power and the differences were expected to be based on a thorough understanding of the system being critiqued and importantly such criticism must be constructive and not destructive.
According to senior counsel P Wilson, who appeared for Udhayanidhi, the relief sought for by the petitioners, seeking issuance of writ of quo warranto has not been granted and rejected. “It is a victory for the client”, he added.
In her order, Justice Anita Sumanth said the relief sought for by the petitioners were premature since multiple FIRs regarding the Sanatana Dharma issue were pending before different police stations but there was no conviction so far. Therefore, writ of quo warranto will not lie at this stage, the judge added.
The statements made by the Ministers must be factually accurate. Whatever may be their ideology, such persons must propound only morality that was propounded by the Constitution, the judge added.
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