Chennai: Madras high court has dismissed a plea seeking to quash the government order, which imposed conditions on installation and procession of Ganesha idols during Vinayaka Chathurthi, which would be celebrated on September 13.
The division bench comprising Justices S. Manikumar and Subramonium Prasad, before which the PIL from an advocate S. Sudalaiyandi, came up for hearing on Wednesday, said “It cannot be said to be violative under Article 25 and 26 of the Constitution of India. The said condition confirms the object to maintain public safety, control pollution and fire accidents. At any stretch of imagination it cannot be said to be violative.”
While referring to the condition imposed on immersion of idols within five days, the bench said, “time period of installation and immersion of idol cannot be ascertained in a writ and it can be done only in a suit. We are not inclined to interfere with the guidelines, which were issued in implementation on the basis of the order issued by the division bench of this court.”
In the petition, Sudalaiyandi, submitted that ignoring fundamental rights guaranteed under Article 25 and 26 of the Constitution the state government issued untenable regulations to celebrate Vinayaka Chaturthi in Tamil Nadu. The guidelines issued in a GO dated August 9, 2018 infringes religious feelings because of the period of celebration has been fixed according to ‘Panchanga Thithi’ and to some almonic signs.
The interference of State with the affairs of religious management is ultra-virus and unconstitutional. The conditions are violative of Article 14 of the Constitution of India. He prayed to quash the GO stipulating various conditions for the installation and immersion of the Vinayaka idols.
