Crackdown On Any Attempts To Install Illegal Hoardings After Election Results: Bombay High Court To State, Heads Of Police

A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar also directed the DGP to instruct the police heads to provide the necessary police force to assist the municipal bodies in curbing the menace of illegal hoardings after election results.

The matter relates to a PIL on illegal hoardings and banners erected by political parties in public places. On 09 October 2024, the Court had issued a slew of directions to various State and police authorities to curb and remove illegal hoardings.

The Court had directed municipal corporations, municipal councils and village panchayats to undertake 'special drive' for the removal of illegal hoardings and banners and said that such a drive should last at least a week or ten days. It had asked that the police authorities provide any help or assistance required by the authorities.

Today, during the hearing, the petitioners expressed apprehensions about erections of illegal hoarding once the election results are declared.

The Court stated “Judicial notice is taken of the fact that most illegal hoardings are installed by political parties.” The Court once again cautioned the political parties to follow their undertaking of not installing any illegal hoardings, banners or posters.

The Court expressed its displeasure that the municipal corporations and municipal councils failed to follow its directions. It noted that some municipal authorities only conducted the drive for one day and that some affidavits have not been sworn-in by requisite officials.

CJ orally remarked to the State counsels, “Why do you take court for granted? You are undermining the cause...whose job is to remove the hoardings? Its your duty. Why should such matter come to court? And you can't file an affidavit.”

The Court thus directed 29 municipal corporations and 392 municipal councils to furnish relevant information about the steps taken by them to ensure compliance with its order of 09 October. It directed the municipal commissioners to personally file the affidavits.

The Court called upon the Advocate General Birendra Saraf to assist in the matter and expressed its disappointment.

The CJ orally remarked that despite having a statutory duty to check illegal hoardings, municipal corporations and councils fail to do so. He said “Whatever is mandated by legislation to State is not being followed. When court steps in and remind you of duties, you talk about judicial overstepping...”

The Court said that any violations of its order would be the personal liability of chief commissioners, district collectors, heads of district police and directors of municipal administration.

The Court posted the matter for further hearing on 18 December 2024.