The Kerala High Court has issued a firm directive, ordering that all requests made by local self-government institution (LSGI) secretaries for the removal of unauthorized flex boards, banners, and flags from public spaces must be handled immediately and with full cooperation from relevant departments. The court emphasized a zero-tolerance policy towards any non-compliance.
Court Addresses Secretaries' Safety and Operational Concerns
The order was passed by Justice Devan Ramachandran while reviewing an interlocutory application (IA) submitted by a welfare association representing panchayat secretaries. This application was part of a review petition originally filed by K T Rahul from Aluva, which sought an explanation from the state government for not adhering to an earlier court order for removing illegal promotional materials and taking strict action against offenders.
In their plea, the association highlighted the severe challenges faced by the secretaries in executing the court's orders. They reported facing physical assaults and intimidation from vested interests. Furthermore, they pointed out a significant practical hurdle: many illegal boards are mounted on utility posts belonging to entities like the electricity board and telephone department. Without the active assistance of these public authorities, the secretaries argued, complete compliance was impossible, leaving them fearing personal liability for failures beyond their control.
Strict Directions and a Clear Warning
Acknowledging the validity of these concerns, the High Court directed all public authorities to provide necessary assistance promptly whenever requested by LSGI secretaries. The court issued a stern warning, stating that any violation or reluctance to follow these directions would result in legal consequences to the fullest extent.
The bench also provided a crucial clarification, stating that no institution, organization, or entity is exempt from these rules. This includes cultural, religious groups, and film industry entities. This clarification came after the amicus curiae informed the court that some such organizations continued to erect banners as if the court's directives did not apply to them.
Adjournment for Election Material Review
The hearing has been adjourned to January 14. The government pleader and counsel for the Election Commission requested additional time to submit reports confirming whether all election campaign materials have been properly removed following the conclusion of the electoral process.
