Supreme Court Dismisses Pre‑Election PVC Flexboard Petition, Sends Case to Kerala High Court
Updated (3 articles)
Supreme Court Refuses to Hear NGO Petition on Advertising Boards On February 20 2026, the Supreme Court declined to entertain the Human Rights Foundation’s petition challenging Kerala’s PVC flexboard regulations, directing the petitioners to approach the Kerala High Court instead [1]. Chief Justice Surya Kant warned that private parties and NGOs file suits to “embarrass” state governments during election cycles [1]. The decision leaves the state’s existing advertising rules temporarily untouched [1].
Chief Justice Criticizes Timing of Election‑Related Lawsuits Kant described the filing as “suspect” because it coincided with the approaching 2026 Kerala state assembly elections [1]. He suggested the petition aimed to impede campaign activities rather than address substantive rights concerns [1]. This comment underscores the judiciary’s sensitivity to politically motivated litigation [1].
Kerala Defends Existing Advertising Regulations The Kerala government cited its 1999 municipal rules on arches and advertising boards, together with recent circulars banning PVC flex, as a sufficient legal framework [1]. It argued that the High Court’s earlier order already mandates recyclable, PCB‑certified alternatives for outdoor ads [1]. The state maintains compliance while preparing for the upcoming polls [1].
High Court Previously Enforced Strict PVC Flex Ban Earlier, the Kerala High Court ordered a total prohibition on 100 % PVC flex for advertisements, requiring advertisers to use recyclable, PCB‑certified materials [1]. The Supreme Court’s dismissal leaves that High Court directive in force pending further review [1].
Timeline
1999 – Kerala’s municipal regulations ban PVC arches and advertising boards, creating a legal foundation for later restrictions on PVC flexboards used in outdoor advertising [1].
Dec 9, 2025 – The Supreme Court rebukes the Election Commission for “mechanical and cyclostyled” replies in the Special Intensive Revision (SIR) case, postpones decisions on Tamil Nadu and Kerala enumeration extensions to Dec 18, and references the Dec 4 order to replace sick booth‑level officers (BLOs) or deploy extra staff nationwide [3].
Dec 11, 2025 – The Election Commission announces an earlier extension of SIR enumeration deadlines for several states, setting the procedural backdrop for subsequent petitions [2].
Dec 18, 2025 – A Supreme Court bench headed by Chief Justice Surya Kant urges the Election Commission to sympathetically consider extending the SIR enumeration phase after petitions from Uttar Pradesh and Kerala; Kerala’s deadline moves to Dec 18 with a draft voter list due Dec 23, while Uttar Pradesh’s shifts to Dec 26, and the court schedules a constitutionality hearing for Jan 6, 2026 [2].
Jan 6, 2026 (scheduled) – The Supreme Court plans to hear arguments on the constitutionality of the SIR enumeration process, a pivotal step that could alter voter‑list revisions ahead of upcoming state elections [2].
Feb 20, 2026 – The Supreme Court declines to hear the Human Rights Foundation’s pre‑election petition challenging Kerala’s PVC flexboard ban, redirects the case to the Kerala High Court, and Chief Justice Surya Kant condemns such filings as attempts to “embarrass” state governments during election cycles; the High Court had previously ordered 100 % compliance with PVC bans, citing the 1999 municipal rules and new circulars mandating recyclable, PCB‑certified alternatives [1].
2026 (later in the year) – Kerala prepares for its state assembly elections, with the PVC flexboard controversy and High Court compliance shaping the advertising environment during the campaign period [1].