Kerala High Court Rejects Plea To Enforce Chief Election Officer's Circular On Eco-Friendly Campaign Materials, Says No Violations Shown

The Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M refused to entertain the petition noting that the petitioners failed to produce any instances of violations.

As part of the green protocol measures, candidates, political parties and the election officials have been requested to avoid plastics, polyvinyl chloride (PVC) and disposable materials during the campaign phase and the conduct of the election.

The Circular dated 18 March 2026 mandated compliance with guidelines issued by election authorities regarding the use of campaign materials such as boards, banners, and other publicity installations.

During the proceedings, counsel appearing for the Election Commission of India and the Chief Election Commissioner submitted that the issues raised in the petition had already been addressed by a prior judgment of the High Court.

“As far P1 exhibit is concerned, the Election Officer or Chief Electoral Officer are not a party but there is a judgment of this honourable Court where directions have been given in connection with the removal of hoardings in connection with the elections..There you can see the directions have been given in Para 34 in running page 39.. Various directions for different authorities…” Counsel for the respondents said.

The respondents further submitted that mechanisms are already in place to tackle any violations of the circulars issued in connection with the conduct of elections.

“At the time of announcement of legislative assembly elections, the Election Commission has.. We have constituted in each constituency.. There are various squads which are being constituted… in each constituency.. There is a model code of conduct, There is an activity.. Squad, flying squad etc. These squads have constant vigil..” Respondents submitted.

Noting these submissions, the Court urged if there are any specific instances or evidence demonstrating violations of the prescribed guidelines. Since there were no specific instances of violations, the Court disposed of the petitions.

“Writ petition is filed without disclosing any violations... At the instance of this.. In the absence of any .. to show that any violations of the guidelines issued regarding the installation of boards, banners, etc.. writ dismissed.” Court said

Accordingly, the Court dismissed the writ petition.

Case Title: George John v Election Commission of India and Ors.

Case No: WP(PIL) 69/ 2026

Citation: 2026 LiveLaw (Ker) 181

Counsel for Petitioner: V.M.Krishnakumar, Sanjana Jayakumar

Counsel for Respondent: M. Ajay (SC - ECI), B. Pramod (SC- KSEB)