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CDJ Legal News

TVK challenges two provisions of T.N. government’s SOP for political rallies before Madras High Court



12:47 PM, Friday,30 January 2026



Says, they amount to colourable exercise of power by the State government in order to stifle political activities of the petitioner party

Actor-politician C. Joseph Vijay’s Tamilaga Vettri Kazhagam (TVK) has filed a writ petition in the Madras High Court challenging two provisions of a Standard Operating Procedure (SOP) notified by the Tamil Nadu government on January 5, 2026, for permitting the conduct of public meetings, processions, roadshows, demonstrations, protests, cultural/religious events, and other public gatherings attended by over 5,000 people.

The party has urged the court to quash clauses 6(c) and 8(g)1 of the SOP after declaring them illegal, arbitrary, unconstitutional, and violative of the principles of natural justice. They further sought a consequent direct to the Home Secretary to reframe and notify a fresh SOP in a fair, uniform, and non-discriminatory manner after duly considering the objections and suggestions of all stakeholders, including registered political parties.

What do the SOP clauses say?
Clause 6(c) of the SOP states that if more than one application was received for the same venue and same date, the Sub Divisional Police Officer shall consider the applications on a first-come-first-serve basis and that priority would be given to political parties recognised by the Election Commission of India over other political parties/organisations. It further stated that priority among the recognised political parties would be given based on their representation in the Legislative Assembly.

Since the TVK was only a registered political party and not a recognised party and was yet to face any election in order to have any representation in the Legislative Assembly, it contended that such a clause in the SOP creates an “unconstitutional” classification between recognised and registered political parties and thereby discriminates the latter in the matter of granting preference in allotment of venues.

The TVK further challenged the validity of clause 8(g)1, which states that the organisers of events, in which more than 5,000 people participate, should bear full responsibility for crowd safety, regulation, and orderly management. It contended that the inclusion of such a clause in the SOP amounted to imposition of disproportionate burden on the organisers.

Filing an affidavit on behalf of the TVK, its deputy general secretary C.T.R. Nirmal Kumar said: “It shifts core State obligations onto political parties and operates as a deterrent to political participation. This also amounts to a colourable exercise of power, designed to stifle the lawful political activities of the petitioner party, in gross violation of Articles 14, 19(1)(a), and 19(1)(b) of the Constitution.”