George John vs Election Commission Of India & Ors.

Soumen Sen, C.J.

This Public Interest Litigation has been filed for enforcement of the Circular issued by the Chief Electoral Officer, Kerala dated 18^th March 2026. The Circular requires all District Election Officers in Kerala to ensure compliance with the instructions issued by the Election Commission of India regarding the use of eco-friendly materials during election campaigns and the strict prohibition of plastic and non-biodegradable materials.

The learned counsel for respondent Nos. 1 and 2 submitted that a learned Single Judge of this Court, in St.Stephen’s Malankara Catholic Church, Alappuzha v. State of Kerala^{11.2025 (2) KHC 435} in paragraph 34, sub-clause (f), had already issued directions to the Election Commission of India and the State Election Commission of Kerala to ensure that the orders of this Court and the circulars/orders of the Government are not violated by any entity or political party during election periods. A further direction was issued that the necessary incorporations in this regard shall be made in the Model Code of Conduct to be published by them in future.

The learned counsel submitted that no instance of any violation has so far been received by respondent Nos. 1 and 2. The writ petition has been filed without disclosing any instance of violation, and the prayers, as such, are not maintainable.

In the absence of any material to show that there has been any violation of the guidelines under the Model Code of Conduct in relation to the installation of unauthorized boards, banners, hoardings, flags, etc., we are not inclined to entertain this petition. The Public Interest Litigation stands dismissed.

Exhibit P1 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 24840 OF 2017 DATED 21.1.2021

Exhibit P2 A TRUE COPY OF THE G.O. (MS) NO. 06/2016/TRAN DATED 02.02.2016 ATTACHED ALONG WITH KERALA STATE POLICY ON OUTDOOR ADVERTISING 2007

Exhibit P3 A TRUE COPY OF THE COMMUNICATION DATED 18.03.2026 ISSUED BY THE CHIEF ELECTORAL OFFICER, KERALA

Exhibit P4 PHOTOGRAPHS OF ILLEGAL HOARDINGS IN KALAMASSERY MUNICIPALITY AND NEDUMBASSERY GRAMA PANCHAYAT AREA

Exhibit P5 A TRUE COPY OF THE GOVERNMENT ORDER G.O(RT)NO.3256/2022/LSGD DATED 31.12.2022 DATED 31.12.2022 ALONG WITH ENGLISH TRANSLATION

Exhibit P6 A TRUE COPY OF THE CIRCULAR NO.R.C.I.262/2022/LSGD DATED 21.11.2023 ALONG WITH ENGLISH TRANSLATION

Exhibit P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 21.7.2025 TO THE CHIEF SECRETARY TO GOVERNMENT

Exhibit P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 21.7.2025 TO THE DIRECTOR GENERAL OF POLICE

Exhibit P9 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 21.7.2025 TO THE DISTRICT COLLECTOR

Exhibit P10 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 21.7.2025 TO THE SECRETARY, KALAMASSERY MUNICIPALITY

Exhibit P11 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 21.7.2025 TO THE SECRETARY, NEDUMBASSERY GRAMA PANCHAYAT

Exhibit P12 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 21.7.2025 TO THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT

Exhibit P13 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 21.7.2025 TO THE CHAIRMAN, KERALA STATE ELECTRICITY BOARD LIMITED

Exhibit P14 TRUE COPY OF THE KERALA MUNICIPALITY (AMENDMENT) BILL NOTIFICATION, 2025 DATED 27.09.2025