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2026 Supreme(Online)(Ker) 24205

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
GEORGE JOHN – Appellant
Versus
ELECTION COMMISSION OF INDIA – Respondent
WP(PIL) NO. 69 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.V.M.KRISHNAKUMAR, SMT.SANJANA JAYAKUMAR
For the Respondents: SHRI.DEEPU LAL MOHAN

Public Interest Litigations require substantiated claims of violation for consideration; absence of evidence results in dismissal.

Headnote:This Public Interest Litigation sought enforcement of a Circular from the Chief Electoral Officer regarding the use of eco-friendly materials in elections. The Court found no evidence of guideline violations or need for intervention, leading to a dismissal of the case. The main issue was the absence of material evidence supporting the petitioner's claims of non-compliance.

Table of Content
1. seeking compliance with electoral circular. (Para 1)
2. no instances of guideline violation presented. (Para 2 , 3)
3. petition not entertained due to lack of evidence. (Para 4)

JUDGMENT Soumen Sen, C.J.

This Public Interest Litigation has been filed for enforcement of the Circular issued by the Chief Electoral Officer, Kerala dated 18th 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.

2. 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 1 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.

1 2025 (2) KHC 435

3. 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.

4. 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.

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