Kerala High Court Seeks Status Report On Removal Of Unauthorised Boards, Banners & Election Material

Justice Devan Ramachandran was considering 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 earlier in the review directed the State Election Commission (SEC) and the District Election Officers to monitor and to take action against unauthorized installation of banners, boards and flags put up by political parties in the State.

The government pleader has informed the Court that the directions contained in the previous order has been fully complied with and sought time to verify whether all the boards have been removed within the time frame.

Counsel for the State Election Commission, Adv. Deepulal also sought a few days' time to submit a report detailing the action taken by the Commission and the follow-up steps to ensure proper removal and disposal of all election-related materials.

The Court granted the request, directing that a comprehensive report be filed by the next posting date.

Meanwhile, Adv. Krishnaraj, representing the Welfare Association of Panchayat Secretaries, whose impleadment is still pending, made submissions that the Court found relevant and therefore formally recorded. He informed the Bench that the members of the Association were fully prepared to comply with the Court's directives but were facing grave difficulties on the ground, including assaults and such other threats while carrying out the cleanup operations.

He further highlighted that several illegal boards and banners remained affixed to public utility posts, which include that of electricity boards, telephone department, etc. He submitted that without cooperation from these public authorities, Panchayat Secretaries would not be able to implement the Court's directions effectively. He expressed concern that Secretaries might be held responsible for non-compliance in circumstances beyond their control.

The Court responded by clarifying that any requisition by a Panchayat Secretary or LSGI Secretary to public authorities, whether parties to the case or otherwise, must be attended to promptly.

“Any requisition from any Panchayat Secretary or Secretary of LSGI, any public authorities including the ones who are arrayed in this case or otherwise shall be dealt with quickly.” Court noted.

The Bench reiterated that the police were also required to extend all necessary assistance to ensure smooth enforcement of the directions.

At this stage, Government Pleader Syam Prasanth informed the Court that an online meeting had recently been convened by Additional Advocate General Ashok Cherian, with participation from the amicus curiae, the Principal Director of the Local Self Government Department, and Secretaries of Local Self Government Institutions. The meeting was aimed at ensuring full compliance with the Court's orders. The Court placed on record its appreciation for this coordinated effort, noting that all sides admitted that the situation on the ground had improved.

However, the Court stressed that the continued cooperation of all stakeholders, including political parties, religious bodies, and cultural organisations was essential for the State's aesthetic and functional well-being.

Before concluding, the Bench issued a categorical clarification that no unauthorised boards, flags, or displays by any institution, organisation, or entity public, private, cultural, or commercial are exempt from the Court's directions. The statement came in light of submissions from amicus curiae Harish Vasudevan, who pointed out that certain cultural organisations and film industry businesses were continuing to erect boards as though the directions did not apply to them.

“This is far from the truth, and I want the authorities to understand this clearly,” the Court said.

The matter will be taken up for further consideration after the Court vacation.

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

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