The Kerala High Court has directed the Chief Electoral Officer to urgently place the High Court’s request for exemption from the Model Code (MCC) of Conduct to carry out internal infrastructure works during the summer vacation before the Screening Committee and ensure expeditious processing, noting that the proposed works were “essential and urgent” and delay would “completely disrupt the functioning of the Court.”

The case arose from a writ petition filed by the Kerala High Court through Registrar General seeking exemption from the MCC to carry out internal infrastructure works during the summer vacation. The plea pointed out that although a prior request had been made to the authorities, it was not promptly acted upon, and the proposal was instead directed to be routed through a Screening Committee, resulting in delay. The Bench noted:

“The request was confined strictly to works of an internal and infrastructural nature within the High Court premises and did not involve any policy decision, public announcement, financial disbursement or activity having any nexus with or bearing upon the electoral process. However, the 2nd respondent (Chief Electoral Officer)…..directed that such proposals should be routed through the Screening Committee constituted by the Government of Kerala”

Considering the nature of the works, the Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. noted that they were confined to internal and infrastructural aspects and had “no nexus with or bearing upon the electoral process.” It recorded that delay in approvals, especially close to the vacation period, would render execution impracticable and disrupt court functioning.

“There cannot be any doubt that the communication dated 21 March 2026 was not immediately attended to by the Chief Electoral Officer and that the communication was received belatedly and perilously close to the summer vacation. The works are urgent and essential. Unless the works commence immediately, it would completely disrupt the functioning of the Court.”

The Court also took note of the petitioner’s contention that delayed communication regarding the Screening Committee and procedural requirements had compounded the delay, and failure to execute the works during vacation would “cause disruption to court proceedings, inconvenience to litigants, advocates and staff, and adversely affect the administration of justice.”

Taking note of the urgency in view of the upcoming summer vacation, during which the works are to be executed, the court directed the Chief Electoral Officer to immediately place the proposal before the Screening Committee and complete the process urgently, with a report to be submitted before the next date of hearing.

The Matter is listed for hearing on April 10, 2026.

Appearances

Petitioner- Shri Leo Lukose