Kerala High Court Races Against MCC Clock for Urgent Court Upgrades

In a rare move, the High Court of Kerala itself knocked on its own doors—filing a writ petition as the petitioner—to challenge delays in approving essential infrastructure works amid the Model Code of Conduct (MCC) enforced for state assembly elections. On April 7, 2026, a Division Bench led by Chief Justice Soumen Sen and Justice Syam Kumar V.M. directed the Chief Electoral Officer to fast-track the proposal through the Screening Committee, listing the matter for April 10—just before the summer vacation kicks off on April 11.

This public interest litigation (PIL), filed by the court's Registrar General against the Election Commission of India (ECI), Kerala Chief Electoral Officer, and state officials, underscores the tension between electoral safeguards and the uninterrupted administration of justice.

Vacation Window at Risk: The Push for Internal Overhauls

The saga began on March 21, 2026, when the Registrar General wrote to the Chief Electoral Officer (Exhibit P1), seeking MCC exemption for civil, electrical, and electronics works strictly within High Court premises. These "internal and infrastructural" upgrades—think no policy announcements or electoral ties—were timed perfectly for the summer vacation to minimize disruptions.

But the response came late, on April 2 (Exhibit P2), routing the request through a state Screening Committee, as per MCC guidelines. With vacation looming, the High Court argued this delay made execution impossible, forcing works into busy court days and inconveniencing litigants, lawyers, and staff. As noted in other reports, the MCC's grip tightened due to Kerala assembly polls, amplifying the urgency.

Petitioner's Plea: Justice Can't Wait on Red Tape

The High Court stressed the multi-stage timeline—sanctions, tenders, contracts, mobilization—leaving no room for bureaucratic lag. Counsel highlighted the Chief Electoral Officer's tardy handling and opaque Screening Committee details, shared only belatedly. Rigid MCC application here, they contended, meddles with a constitutional institution's core functions, defeating the code's intent.

Respondents' Stand: MCC Rules Bind All, Even Courts

The ECI's Senior Standing Counsel invoked MCC Clause 'C' under Instruction 17 and Clause 5(1) on welfare schemes, barring new works post-MCC even if orders predate it. The state Government Pleader cited Clause 15, allowing pre-MCC works only if fully funded, sanctioned, tendered, and contractually bound—otherwise needing ECI nod via the Screening Committee per G.O.(Rt) No.1331/2026/GAD.

Bench Balances Urgency and Procedure

No precedents were cited, but the Bench zeroed in on timing: the March 21 request was "not immediately attended to... received belatedly and perilously close to the summer vacation." Recognizing the works as "urgent and essential," they avoided a full stay but mandated immediate action.

Key Observations - On the delay's impact : "The communication dated 21 March 2026 was not immediately attended to by the Chief Electoral Officer and that the communication was received belatedly and perilously close to the summer vacation." - Urgency for justice : "The works are urgent and essential. Unless the works commence immediately, it would completely disrupt the functioning of the Court." - Procedural push : "We direct the Chief Electoral Officer to immediately forward... before the Screening Committee and the entire process... are to be completed urgently and placed before this Court on 10.04.2026."

Fast-Track Order: A Temporary Lifeline

The court adjourned to April 10, 2026, ordering Respondents 2 (Chief Electoral Officer), 3 (State Chief Secretary), and 6 (PWD Secretary) to report progress. Respondent 6 must coordinate data for ECI's decision. No provisional clearance yet, but this bridges to vacation works.

Implications : This interim directive prioritizes judicial infrastructure, potentially easing MCC exemptions for courts nationwide during polls. It signals courts won't tolerate delays harming their operations, setting a marker for "essential" works amid elections—without bypassing safeguards entirely.

As Kerala votes, this case reminds: even the house of justice needs timely repairs.