Kerala High Court: The Division Bench of Hrishikesh Roy and A.K. Jayasankaran Nambiar, JJ. allowed a civil writ petition praying for a direction to use only eco-friendly materials for the purpose of advertisement during the ongoing election campaign in Kerala.
The instant PIL was filed seeking prohibition on the usage of Poly Vinyl Chloride (PVC) flex boards in the upcoming Lok Sabha elections, by political parties/ candidates. Submission of learned counsel Mr M.Kannan, appearing for the petitioner, was that PVC is a major pollutant and its use for flex boards would negate the Environment (Protection) Act 1986, Plastic Waste Management Rotes, 2016, and also the rights of citizens to a clean and safe environment under Articles 21 and 48-A of the Constitution of India.
Learned counsel Mr Murali Purushothaman representing the Election Commission of India produced a copy of communication dated 26-02-2019, whereby all recognised National/State political parties were directed to make the forthcoming election eco-friendly, and opt for the elimination of single-use plastic materials in the election campaign.
The Court took note of submissions on behalf of both the counsels and also noted that this Court, in a separate proceeding, had issued direction for removal of unauthorised PVC flex boards within the limits of various local authorities in the State. In view thereof, the Court directed all candidates and National/State political parties to strictly adhere to the guidelines of the Election Commission and not use PVC flex boards and other such non-bio-degradable material during the election campaign.[B.S. Syamkumar v. State of Kerala, WP(C) No 7193 of 2019 (S), Order dated 11-03-2019]
