Kerala High Court seeks urgent exemption from MCC curbs to carry out court infrastructure works

The Kerala High Court on Tuesday directed electoral authorities to urgently process a request seeking exemption from the restrictions of Model Code of Conduct (MCC) to carry out essential infrastructure works in the court premises [High Court of Kerala v The Election Commission of India & ors]

The MCC is currently in place in the State due to the assembly elections.

A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM passed the order on a petition filed by the High Court through its Registrar General seeking permission to proceed with civil and electrical works during the upcoming summer vacation starting from April 11.

The Bench noted that the Registrar General had written to the Chief Electoral Officer (CEO) on March 21, requesting exemption from the MCC, clarifying that the infrastructural works in the Court were purely internal and had no relation with the electoral process.

However, the request was not promptly processed and was instead directed to be routed through a screening committee.

Taking note of the urgency, the Court directed the CEO to immediately place the request before the screening committee and ensure that the entire process of approvals is completed expeditiously.

It also directed the concerned state authorities to coordinate with the Election Commission of India (ECI) and provide necessary information to facilitate a speedy decision in the matter.

"The matter shall be listed on 10.04.2026 along with the report being filed by the 2nd and 3rd respondents. Respondent No.6 shall take necessary steps and co-ordinate with the Election Commission by furnishing the information that may be required for taking a decision by the Election Commission in this regard, in view of the fact that the matter is urgent and the summer vacation of Court will commence on and from 11th of April 2026 and during this period, the internal works described in letter dated 21-03-2026 at Ext.P1 are required to be completed," the Court said.

During the hearing, counsel for the ECI submitted that certain provisions of the MCC, particularly those restricting commencement of new works may apply once the code comes into force.

The State government on the other hand referred to clauses permitting continuation of work in cases of prior administrative and financial sanction as well as contractual obligations.

The counsel representing the Court argued that the delay in approvals would make it impossible to complete the work during the limited summer vacation period. The court proceedings will be disrupted in case the work is executed during working days, the Court was told.

The Court found that the communication made by the Registrar General was not attended to by the CEO in a timely manner. It added that the matter was taken up only at the last moment, close to the summer vacations, amid the election period.

Accordingly, it passed an expeditious decision in the matter.

Advocate Leo Lukose appeared for the Kerala High Court.

Senior government pleader Vinitha B represented the State.

Standing Counsel M Ajay appeared for the Election Commission of India and the Chief Electoral Officer.

[Read Order]