IMPORTANT POINTS:
While mandamus is classed as a legal remedy, its issuance is largely controlled by equitable principles-Before granting the writ the court may, and should, look to the larger public interest which may be concerned-an interest which private litigants are apt to overlook when striving for private ends. The court should act in view of all the existing facts, and with due regard to the consequences which will result. It is in every case a discretion dependent upon all the surrounding facts and circumstances.

JUDGMENT :

S. MANIKUMAR, J.

1. Instant public interest writ petition is filed for the following reliefs:

(a) To issue a writ of mandamus or such other writ or order directing the respondents to strictly implement the direction in Exhibit-P1 Government order dated 16.02.2020.

(b) To issue a writ of mandamus or such other writ or order directing the Kerala State Election Commission, Thiruvananthapuram, represented by its Secretary, respondent No. 2, to issue guidelines to the candidates in tune with Exhibit-P1.

(c) To issue a writ of mandamus or such other writ or order directing the 2nd respondent to issue guidelines to the candidates to use cotton clothes, Cortina cloth paper (plastic free) and poly ethylene which are approved by Pollution Control Board during the election campaign.

(d) To issue a writ of mandamus or such other writ or order directing the 2nd respondent to issue guidelines to the candidates prohibiting them from using banned PVC flex, plastic coated clothes like polyester, nylon and Korean clothes in tune with Exhibit-P1 Government order dated 16.02.2020, prohibiting them from using take cotton, fake paper and fake polyethylene materials during election campaign.

(e) To issue a writ of mandamus or such other writ or order directing respondent Nos. 1 and 2 to consider Exhibit-P2 representation expeditiously and take decision thereon.

2. Facts leading to the filing of instant writ petition are that petitioner claims to be an advocate by profession and a former Central Government Standing Counsel. He has previously filed W.P. (C) No. 9459 of 2020 with respect to the administration of Homeo Medicines for boosting immunity, in view of COVID-19 pandemic. By judgment dated 21.08.2020, we disposed of the said writ petition.

3. Petitioner is a permanent resident of Kozhikode town. On 21.10.2020, Kerala State Election Commission, represented by its Secretary, respondent No. 2, has announced that election to 21,865 wards of various local bodies in the State of Kerala would be conducted and the final voters list was published on 01.10.2020.

4. On 21.10.2020, respondent No. 2 issued a guideline, prescribing various precautions to be taken by the political parties, candidates and officials, in view of COVID-19 situation.

5. Petitioner apprehends that during the election campaign, candidates may make various types of advertisements. Poly Vinyl Chloride (PVC) flex boards are very common in Kerala, in all the previous election campaigns. On 29.08.2019, Government of Kerala had banned the use of PVC flex in the State as per G.O.K.-111/2019/LSGD.

6. Petitioner has further stated that since some manufacturers are producing fake compostable carry bags, unable to distinguish from the real compostable ones, Government of Kerala have issued Exhibit-P1 order dated 16.02.2020, clarifying that non recyclable plastic usage is also banned, in the State from 01.01.2020 onwards. As per Exhibit-P1, only plastic free clothes, paper, and Poly Ethylene materials for making hoardings are permitted and while printing, it should carry the logos “recyclable. PVC Free” expiry date, name of printing unit and printing number. In case, the banned materials are used for advertisements, there is a penal provision as per Exhibit-P1 order.

7. Contention of the petitioner is that though the Government have issued orders, they are not being implemented strictly by the authorities concerned. Now, elections to the local bodies are scheduled to be conducted in the 1st week of December, 2020. During election campaigns, a large quantity of PVC flex and plastic wastes would be dumped into the public places in Kerala, which will badly affect the ecological balance and cause pollution. Hence, he made Exhibit-P2 representation dated 27.10.2020, to the respondents, requesting to strictly implement Exhibit-P1 order, during the coming election and ensure a pollution free environment. However, the respondents have not considered the same.

8. Being aggrieved, the instant writ petition