Model Code Of Conduct Amid Wayanad Bypoll Must Not Affect Rehabilitation Work, Election Campaigners Must Follow 'Green Protocol': Kerala HC

The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. hearing the suo moto case initiated after landslides, has further directed the Election Commission to ensure that 'green protocol' is adhered to during the election campaigning in Wayanad, by considering the entire area as ecologically sensitive. The Green Protocol mandates that election campaigning materials such as boards, banners etc. be made using nature-friendly bio-degradable materials to ensure that plastic waste is not generated. 

Clarifying that the rehabilitation and relief works will not get hampered due to the implementation of the Model Code of Conduct in Wayanad, the Court ordered that,

“Any interpretation of Model Code of Conduct that will affect the rehabilitation and relief works in Wayanad will be undesirable. We direct that the coming Lok Sabha Bypoll in Wayanad constituency will not be a bar for Union and State Government to proceed with the relief and rehabilitations works in Wayanad.”

The above order is passed after considering the report submitted by Amicus Curiae and Senior Advocate Rajith Thampan. The Amicus stated the Election Commission has announced bye-elections for 48 assembly seats and 2 Lok Sabha seats, including the Wayanad constituency on November 11. The Court was apprised that the implementation of the Model Code of Conduct ahead of the bye-elections might affect the ongoing relief and rehabilitation works in Wayanad.

The Amicus submitted before the Court that various schemes for post-disaster reconstruction and rehabilitation are being carried out in Wayanad by both the State and Union Government. It was stated that the Election Commission would prohibit the operation of government schemes, financial grants and similar initiatives once the Model Code of Conduct is implemented.

The Court was informed that this would affect the ongoing relief and rehabilitation works in Wayanad, causing delays until the election results are announced, which would adversely affect the rehabilitation process.

The matter has been posted to October 30 for further hearing.

Case Title: In Re: Prevention And Management Of Natural Disasters In Kerala V State Of Kerala

Case Number: WP(C) 28509/ 2024 & Connected Cases