Without Stringent Action, Malice Of Unauthorized Boards/Banners/Flags Can Never Be Rooted From Our Streets: Kerala HC

Expressing his displeasure at the inaction in removing these objects, despite 25 Orders, a Single Bench of Justice Devan Ramachandran stated,

"There is no doubt that, unless the Authorities take stringent action, the malice of unauthorized Boards/Banners/Flags etc can never be rooted out from our streets. This is evident because, in spite of the more than 25 orders that I have passed in this case, vested interests still to do what is prohibited. "

Opining that the upcoming state elections would only worsen the situation, the Court directed the Election Commission to ensure political parties refrained from erecting unauthorised hoardings, boards, banners, flags and other material in public places.

"It is needless to say that the Election Commission has the competence and is at full liberty to put in place necessary mechanisms to obtain full compliance", the Court clarified.

In the course of the hearing, State Attorney K.V. Sohan, assured the court that all steps are being taken by district collectors and the police authorities concerned to remove the unauthorized Boards.

The court-appointed amicus curiae, Advocate Harish Vasudevan, however, submitted, new boards continued to be placed in public places in Kerala and that no action was being taken by any Authority, emboldening the perpetrators to do further more.

The Court also recorded the amicus' further submission that even when officers entrusted with election duties tried to implement the directions, they were being obstructed by political parties.

Stating that it was persuaded to issue directions to the EC in light of the amicus' submissions, the Court, the Court issued orders and enjoined district collectors to place on record compliance reports.

With this direction, Justice Ramachandran proceeded to adjourn the matter till 24 March.

Notably, a Chief Justice-led Bench of the High Court in February had ordered that all the unauthorized arches, display boards, hoardings, placards, and banners with poles or frames, etc., fixed to and/or dug into the ground, which abut the highways, public streets, and pedestrian pavements, shall forthwith be removed.

The Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly ordered thus while taking up a batch of petitions seeking a direction to remove the unauthorized and unwanted postures, advertisement boards, hoardings, cut outs, buntings, hangings, billboards etc., placed on public roads and streets