Satish Sejpal vs State Of Chhattisgarh And Ors

P.R. Ramachandra Menon, CJ

The Petitioner has moved this Court with the following prayers:

"10.1) That, the Hon'ble Court may kindly be pleased to issue an appropriate writ by directing the respondents authorities to register the case against the person/political parties/contesting candidates who installs temporary or permanent flex boards/hoardings uses single use plastic at the time of election campaign.

10.2) That, the Hon'ble Court kindly be pleased to direct the respondent authorities for making proper arrangement to avoid the use of single use plastic materials at the time of election.

10.3) That, the Hon'ble Court also direct the respondent no.1 to taking action against all religious and social organization who uses harmful flex/hoarding and other single use plastic in their programme/campaign.

10.4) Any other relief, which may be suitable in the facts and circumstances of the case."

The crux of the case as as evident from the pleadings and prayers is with regard to the menace caused by the use of flex boards by various political parties to contest the election and as to the inadequacy of the appropriate steps with regard to use of 'single use of plastic materials' at the time of election.

Shri Siddharth Dubey, the learned counsel appearing for the State points out that the grievance espoused herein was similar to the issue which was pending consideration before the National Green Tribunal Principal Bench, New Delhi (for short 'the Tribunal') in Execution Application No. 32 of 2019 in O.A. No. 05 of 2019.

After considering the matter, a detailed order has been passed by the Tribunal on 08.11.2019 giving appropriate directions, a copy of the said verdict is produced for perusal of this Court. We find it appropriate to have it reproduced herein, so as to have a proper analysis of the facts and figures:

"1. The issue for consideration is remedial steps to prevent use of PVC and chlorinated plastics which includes Banners/Hoardings and the likes used for promotion and advertising during elections. The Tribunal directed that the matter be considered by a joint Committee of the representatives of Election Commission, Ministry of Environment, Forest and Climate Change (MoEF&CC) and the Central Pollution Control Board (CPCB). Present application is for execution.

Report filed by the CPCB on 10.10.2019 is to the effect that a meeting was convened in the Election Commission on 08.03.2019. The Election Commission issued letters to all Political parties and Chief Electoral Officers of all the States and Union Territories (UTs) on the subject. The MoEF&CC also wrote a letter dated 17.01.2019 to the Chief Secretaries of all the State/UTs and Chief Electoral Officers of all the States/UTs to use alternative options in election campaigning material such as compostable plastics, natural fabrics, recycling paper material etc. It is also mentioned that similar advisories have been issued since 1999.

In view of the fact that MoEF&CC as well as Chief Election Commission have taken the view that use of plastic during elections particularly banner/hoardings needs to be avoided, it will be appropriate that compliance of advisories/directions mentioned above is appropriately monitored by the Election Commission of India, Chief Electoral Officers of all the States/UTs and the CPCB.

A copy of this order be sent to the Election Commission of India, Chief Electoral Officers of all the States/UTs and CPCB by e-mail for compliance.

The application is disposed of."

The learned counsel for the State submits that in the light of the directions given by the Tribunal, appropriate steps have been pursued from all corners and that the grievance of the Petitioner also would stand redressed by virtue of the said order.

The aforesaid submission is recorded. The writ petition stands disposed off accordingly.