Kerala High Court Directs Election Commission To Take Action Against Unauthorized Flags, Banners In Wake Of Upcoming Election

Justice Devan Ramachandran passed the direction while dealing with a review in a plea against illegal and unauthorized flags and banners.

Earlier this year, the Court had disposed of the plea and gave directions declaring installation of unauthorized boards, banners, hoardings, flags, festoons as illegal and liable to fine and penal action. The Court had stated that the non-removal of such unauthorized boards, banners, hoardings, flags, festoons shall become the personal responsibility of the Secretaries of the local self-government institutions.

The Court today was informed by Advocate Deepulal appearing for the SEC that the directions in the judgment are being scrupulously complied with by the Commission. He also assured that any installation in violation of the same is being dealt with and necessary actions taken.

The government pleader representing the State, thereafter, told the Court that the government has given instructions to all authorities to comply with the directions in the judgment and that it will facilitate all necessary requisites under it.

Hearing the same, the Court passed an interim order.

“In the afore circumstances, I issue the following orders today:

1. This Court grants 2 weeks' time to the secretary of every self-government institution to ensure that every unauthorized board, banner, flag and such other, as detailed in the judgment are removed and necessary fines and actions taken and completed against each of them.
2. I notify the secretaries of the local self-government institutions that every installation including flags, banners, boards, etc. remaining after the afore deadline, as ordered in the judgment, will be the personal responsibility of the said officer.
3. I further record the suggestions of Sri. Deepulal Mohan that necessary directions will be issued by the district election officers to the secretaries to comply with the Model Code of Conduct, which states in it, every direction of this Court in the judgment within a period of 3 days from today.
4. The SEC and District Election Officers will scrupulously monitor and take necessary action against any unauthorized installation of banners, boards, flags, festoons and such other and initiate necessary action against them.
5. Qua the actions of parties involved in the election, a report in this regard will be filed before this Court after the process is complete.”

Case No: RP 1394/ 2025 in WP(C) 22750/ 2018

Case Title: Rahul K.T. v. St. Stephen's Malankara Catholic Church