Kerala High Court Closes PIL Against Plastic Flex Banners In Poll Campaigns, Asks Election Commission To Look Into It

The Kerala High Court has directed the Election Commission of India and Chief Electoral Officer in the State to look into the enforcement of ban on PVC flex and other non-recyclable plastic advertisement materials, in accordance with the existing Government Orders and statutory provisions, in the wake of the General Assembly Elections.A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M issued the direction while disposing of a Public Interest Litigation (PIL) seeking urgent intervention to enforce an existing statewide ban on PVC flex and other non-recyclable plastic materials. The petition, filed by Human Rights Foundations, alleged widespread violations of government orders prohibiting such materials and accused state authorities of failing to implement environmental regulations effectively.Kerala has over the past several years, introduced a series of regulatory measures to curb plastic pollution. These include a 2018 government order directing the phase-out of non-recyclable plastics, a 2019 ban on specified single-use plastic items, and subsequent directives explicitly prohibiting PVC flex in advertisements and mandating eco-friendly alternatives.Despite this regulatory framework, the petitioner claimed that PVC flex banners and hoardings continue to be widely used across the state by political parties, businesses, and even public authorities.The PIL highlighted that PVC flex, a plastic-based material commonly used for outdoor advertising, poses significant environmental and health risks. Being non-recyclable, it contributes to long-term waste accumulation and pollution. Its disposal, especially through burning, can release toxic substances, including dioxins, which are harmful to human health and ecosystems.The petition argued that improper disposal leads to soil and water contamination and may result in bioaccumulation of hazardous chemicals in the food chain.The petition further submitted that even though the Election Commission and state authorities have issued “Green Protocol” guidelines mandating the use of recyclable, certified materials and banning PVC flex in campaign publicity, the petitioner alleged that violations have already begun in several constituencies.It was submitted that without immediate judicial intervention, the election period could lead to large-scale environmental damage.However, the Counsel appearing for the Election Commission of India submitted that steps have already been taken for violation of the Model Code of Conduct in relation to the use, printing, storage and sale of PVC flex, polyester, nylon, Korean cloth and plastic-coated materials for advertisement campaigns in the State. Recording the submission, the Court directed the authority to consider the Petitioner's grievance and disposed of the plea.Case Title: Human Rights Foundations v State of Kerala and Ors. Case No: WP(PIL) 80/ 2026Citation: 2026 LiveLaw (Ker) 188Counsel for Petitioner: C.R Sivakumar, Anjali C, Subhaja P, NIsha Mathew, S. Soorya GayathryCounsel for Respondents: Santhosh P Poduval, Suman Chakravarthy, V Teckchand (GP), T Naveen, M Ajay, Anoop V Nair, A L Navaneeth KrishnaClick Here To Read/ Download Judgment

Kerala High Court Closes PIL Against Plastic Flex Banners In Poll Campaigns, Asks Election Commission To Look Into It

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