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2026 Supreme(Online)(Ker) 28365

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
HIGH COURT OF KERALA REPRESENTED BY ITS REGISTRAR GENERAL – Appellant
Versus
THE ELECTION COMMISSION OF INDIA REPRESENTED BY ITS SECRETARY – Respondent
WP(C) NO. 14202 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.LEO LUKOSE
For the Respondents: SRI.M.AJAY, SC FOR R1 AND R2, VINITHA B-SR.GP FOR R3 TO R7

Election Commission approval permits maintenance work despite Model Code of Conduct.

Headnote:The petitioner sought permission for maintenance work on High Court premises amid Model Code of Conduct restrictions. Relevant instructions from the Election Commission (Exhibit P5) govern permissions during elections. The court noted approval granted by the Election Commission via communication dated 8th April, 2026. Issue framed: Whether maintenance work can proceed post-approval despite election code. Ratio: Approval removes impediment for Public Works Department to undertake work; other issues deferred. Writ petition disposed of with letter dated 8th April, 2026 taken on record.

Table of Content
1. election commission approved maintenance proposal. (Para 1)
2. no impediment to proceed; petition disposed. (Para 2)

The learned Standing Counsel Mr.M.Ajay, appearing on behalf of respondent Nos.1 and 2 has submitted that the Election Commission of India has approved the proposal, and a communication dated 8th April, 2026 addressed to the Chief Electoral Officer, Kerala conveying such approval, is placed before us.

2. In view of the aforesaid, there is no impediment for the Public Works Department to carry out the necessary maintenance work. The other issues involved in this writ petition are not required to be gone into at this stage and will be considered at the appropriate stage.

3. The writ petition is accordingly disposed of.

4. The letter dated 8th April, 2026 is taken on record.

5. We record our appreciation for the assistance rendered to this Court by Mr. Ajay, learned Standing Counsel.

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