Court Directs Swift Action to Prevent Disruption During Summer Vacation; Exemption Process Expedited for Essential Upgrades
In a significant move aimed at preserving the seamless operation of judicial functions, the Kerala High Court has successfully secured a directive for immediate action concerning essential infrastructure works within its premises. This development comes amidst the enforcement of the Model Code of Conduct (MCC) due to impending elections, which initially posed hurdles for the execution of critical upgrades.
The case, titled "High Court of Kerala v. Election Commission of India," witnessed the High Court seeking exemptions from the MCC to facilitate urgent infrastructural improvements during the summer vacation. The plea was presented by the Registrar General of the High Court, highlighting the necessity to conduct works strictly within the High Court premises without impinging upon electoral processes or public policy.
During the proceedings, the court noted delays caused by the Chief Electoral Officer in processing the exemption request. The communication for clearance was perilously close to the summer vacation, threatening disruption to judicial operations if the works were not commenced promptly. The court emphasized that failure to undertake these essential upgrades during the vacation would lead to operational challenges during regular court sessions, adversely impacting litigants, advocates, and staff.
The learned Senior Standing Counsel for the Election Commission of India drew attention to clauses within the MCC that generally restrict the commencement of new works during its enforcement. However, the court highlighted that the proposed works met the criteria for exemption as they were internally focused and did not involve public announcements or financial disbursements affecting electoral processes.
In response to the urgency, the Kerala High Court directed the Chief Electoral Officer to expedite the exemption process by forwarding the request to the Screening Committee promptly. The court underscored the importance of completing the procedural requirements swiftly, ensuring that the infrastructure improvements commence during the summer vacation starting 11th April 2026.
The court adjourned the matter to 10th April 2026, mandating the submission of a comprehensive report detailing the steps taken by the Election Commission and other relevant authorities. This directive underscores the court's proactive stance in safeguarding its operational integrity while respecting the constraints imposed by the MCC.
The outcome of this case reflects the judiciary's commitment to maintaining uninterrupted judicial functions, even amidst external regulatory challenges. The resolution sets a precedent for balancing the enforcement of electoral codes with the imperative needs of constitutional institutions, ensuring that essential judicial infrastructure works are not stalled due to procedural delays.
Bottom Line:
Application of Model Code of Conduct (MCC) to essential judicial infrastructure works - Request for exemption from MCC for urgent and essential works within High Court premises - Court directed immediate action to avoid disruption of court functioning.
Statutory provision(s): Model Code of Conduct (MCC), Clause C under instructions Serial No.17, Clause 5(1) under Welfare Schemes and Governmental Works, Clause 15 of the MCC
High Court of Kerala v. Election Commission of India, (Kerala)(DB) : Law Finder Doc id # 2879910
