“MCC in Relation to the Bye-Elections in Wayanad Won’t Be a Bar for the Govt. to Proceed with Relief Measures”: Kerala HC on Lok Sabha By-Polls

Thank you for reading this post, don't forget to subscribe!

Today, On 25th October, The Kerala High Court instructed that the Model Code of Conduct (MCC) for upcoming Lok Sabha by-elections should not interfere with ongoing landslide relief measures in Wayanad. The Court also directed the Election Commission to oversee campaign activities under the ‘green protocol’ to protect the region’s ecologically sensitive areas.

Kerala: The Kerala High Court emphasized that relief and rehabilitation efforts in landslide-hit Wayanad must continue uninterrupted despite the upcoming Lok Sabha by-elections in the district.

Justices AK Jayasankaran Nambiar and Syam Kumar VM issued this directive while addressing a suo motu case following the severe landslides earlier this year.

The Court stated,

“Taking note of the report submitted by the Amicus Curiae, any interpretation of the Model Code of Conduct that hampers rehabilitation and relief work in Wayanad will be undesirable. We direct that the Model Code of Conduct, which comes into effect for the by-elections in the Wayanad Lok Sabha constituency, will not prevent the Union and State governments from continuing with the relief measures for the Wayanad landslide,”

The Court Remarked,

“MCC in relation to the bye-elections in Wayanad will not be a bar for the government to proceed with the relief measures.”

The by-elections in Wayanad announced after Congress leader Rahul Gandhi vacated his seat to represent Uttar Pradesh’s Rae Bareli constituency in parliament.

Additionally, the Kerala High Court directed the Election Commission to follow a green protocol for all campaign activities in Wayanad, aiming to protect the region’s ecology.

The Court ordered,

“We direct the Election Commission to ensure that the campaigning activities in Wayanad are carried out under a green protocol which takes into account the interest of the environment and ecology,”

The green protocol encourages eco-friendly election practices, including using recycled materials for campaign banners and boards and minimizing plastic waste.

In today’s hearing, the State and the amicus curiae reported that they have submitted their responses regarding the Centre’s report on the delayed release of funds from the National Disaster Relief Fund (NDRF).

Earlier, Additional Solicitor General (ASG) ARL Sundaresan, representing the Central government, stated that the funds would only be disbursed after a high-level committee has completed its assessment.

In the meantime, the ASG suggested that the State could access over Rs. 700 crores available under the State Disaster Relief Fund (SDRF) to meet immediate needs.

The amicus curiae raised objections, noting that other States had received NDRF funds without undergoing a final assessment.

Previously, the Court instructed the State and the amicus to respond with their insights on the Centre’s report, and they confirmed that this response has now been filed.

Additionally, Advocate General Gopalakrishna Kurup, representing the State, informed the Court that a report on the carrying capacity of tourist destinations has been submitted. He mentioned that the State is taking measures to promote sustainable tourism and has advised stakeholders to follow the established guidelines.

Amicus Curiae Ranjith Thampan expressed concerns about the financial struggles faced by the residents of Wayanad, indicating that bank loans and debts in the area have accumulated to around Rs. 13 crores.

The Court instructed the authorities to gather data on bank loans and disaster insurance, with a report on this matter due by next Wednesday (October 30), when the case will be reviewed again.







Similar Posts