PIL Over 'Indiscriminate' Use Of Plastics During Assembly Polls: Allahabad High Court Issues Notice To ECI, Others

The Allahabad High Court today issued notices to the Election Commission of India, State of Uttar Pradesh, the Ministry of Environment, Forests and Climate Change, the Central Pollution Control Board, among others over a Public Interest Litigation (PIL) plea filed in connection with election plastic waste disposal during assembly elections.

The Bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava has also issued a notice to the Chief Electoral Officer, Uttar Pradesh, and the Uttar Pradesh Pollution Control Board on this plea, which primarily seeks an interim stay on the manufacture and use of PVC and other chlorinated plastic-based advertising products such as Banners/Hoardings/ Flexes/Signage's/ Flags or likes for the purpose of its use in UP Assembly Polls 2022.

Essentially, the PIL plea has been moved by Environmentalist/Lawyer and Ghaziabad resident, Mr. Akash Vashishtha, filed through Mr. Sujeet Kumar, Advocate, raising concerns over that massive, indiscriminate use of PVC/Plastics for the political hoardings/signages/banners and other plastic campaign materials in the ongoing Assembly Elections, apart from commercial advertisements, in the state.

The plea has further raised substantial questions of law arising from the non-compliance of the Plastic Waste Rules, Solid Waste Rules, and the Hazardous Waste Rules, under the Environment (Protection) Act, 1986.

Advocate Sanjay Upadhyay appeared for the petitioner and argeud that PVC and plastics, which are highly toxic and carcinogenic, are being used in the UP elections, in violation of ECI's several mandatory orders and communications, MOEFCC's orders, CPCB's guidelines, and also in gross violation of the Plastic Waste Management Rules and the Solid Waste Management Rules.

"Despite Extended Producer Responsibility fixed by virtue of these laws on the manufacturer/producer, there is no compliance of the rules by the government agencies on the ground. This is a larger issue that needs to be addressed. This court can send out a strong message," Mr. Upadhyay argued before the Court.

The Allahabad High Court has granted three weeks' time to the respondents to file their responses.

Case title - Akash Vashishtha v. State of UP