No Impediment For PWD To Carry Out Maintenance: Kerala High Court Takes Note Of ECI's Approval For Its Internal Infrastructure Work

A PIL was filed by the Registrar General on behalf of the Kerala High Court relating to the infrastructure of the High Court and other Courts in the State.

Update: 2026-04-13 10:30 GMT

In a move towards expediting the process relating to the Court’s internal infrastructure work, the Kerala High Court has held that there is no impediment for the Public Works Department to carry out the necessary maintenance. It was brought to the Court’s notice that the Election Commission of India had approved the proposal.

The High Court, on April 7, 2026, had asked the Chief Electoral Officer to immediately forward and place the letter of the Registrar General seeking exemptions from the provisions of the MCC to enable the Department to proceed with the execution of the works before the Screening Committee.

A PIL was filed by the Registrar General on behalf of the High Court relating to the infrastructure of the High Court and other Courts in the State.

The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M., stated, “In view of the aforesaid, there is no impediment for the Public Works Department to carry out the necessary maintenance work. The other issues involved in this writ petition are not required to be gone into at this stage and will be considered at the appropriate stage.”

On April 7, 2026, the Division Bench had mentioned, “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.”

Advocate Leo Lukose represented the Petitioner while Senior Government Pleader Vinitha B. represented the Respondent.

Factual Background

In light of the enforcement of the Model Code of Conduct, the Registrar General of the Kerala High Court addressed a letter dated March 21, 2026 to the Chief Electoral Officer to request grant of necessary exemptions from the provisions of the MCC to enable the Department to proceed with the execution of the works that are essential and urgent in nature mentioned in the said communication. 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 Chief Electoral Officer informed the Registrar General that the proposal requires prior clearance from the Election Commission of India, and directed that such proposals should be routed through the Screening Committee constituted by the Government of Kerala.

Arguments

It was the case of the Election Commission that, in view of Clause ‘C’, under instructions Serial No.17, the provisions of the Model Code of Conduct may apply.

The Counsel for the High Court submitted that the details and operational aspects of the Screening Committee were not communicated to the petitioner promptly by the office of the Chief Electoral Officer and were made available only after a considerable lapse of time, thereby contributing to further delay in processing the request submitted by the Petitioner.

Reasoning

The Bench took note of the fact that the Standing Counsel, appearing on behalf of respondents, had submitted that the Election Commission of India had approved the proposal, and a communication dated April 8, 2026, addressed to the Chief Electoral Officer, Kerala, conveying such approval, was also placed before the Bench.

On April 7, 2026, the Bench found that the communication by the Registrar General was not immediately attended to by the Chief Electoral Officer and it had further highlighted that the works were urgent. The Bench had also directed the Chief Electoral Officer to immediately forward and place the letter of the Registrar General before the Screening Committee.

Thus, in light of the fact that the Election Commission of India had approved the proposal, the Bench held that the Public Works Department could carry out the necessary maintenance work.

Cause Title: High Court of Kerala v. The Election Commission of India (Case No.: WP(C) NO. 14202 OF 2026)