MCC for Lok Sabha by-polls should not disrupt Wayanad landslide relief measures: Kerala High Court

The Kerala High Court today made it clear that ongoing relief and rehabilitation efforts in landslide-hit Wayanad should not be disrupted on account of the upcoming Lok Sabha by-polls in the district [In Re: Prevention and Management of Natural Disasters in Kerala].

Justices AK Jayasankaran Nambiar and Syam Kumar VM issued the directive while hearing a suo motu case initiated in the wake of devastating landslides that struck Wayanad earlier this year.

"Taking note of the report submitted by the Amicus Curiae, any interpretation of the Model Code of Conduct that will have the effect of hampering the rehabilitation and relief work in Wayanad will be undesirable. We direct that the Model Code of Conduct which comes to force in relation to the bye-elections in the Wayanad Lok Sabha constituency, will not be a bar for the Union and State government to proceed further with the relief measures undertaken in connection with the landslide in Wayanad," the Court said.

The bye-elections were notified after the candidate earlier elected from the constituency, Congress leader Rahul Gandhi, vacated his Wayanad seat so that he could represent the Rae Bareli constituency of Uttar Pradesh in parliament.

The Court today also directed the Election Commission to follow a green protocol to ensure that all by-election campaign activities in Wayanad are done in a manner that is mindful of the area's ecology and environment.

"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 Court ordered.

A green protocol promotes eco-friendly practices in elections, such as using recycled materials in campaigns for banners, boards etc., and reducing plastic waste.

In today's hearing the State and the amicus curiae also informed that they have submitted their response the Centre's report on the pending release of funds from the National Disaster Relief Fund (NDRF).

Additional Solicitor General (ASG) ARL Sundaresan (for the Central government) had earlier submitted that these funds can only be released after a high-level committee assessment is completed.

In the meanwhile, the ASG had suggested that the State could use over ₹700 crores available under the State Disaster Relief Fund (SDRF) to address immediate needs.

At the time, the amicus had protested that other States had received NDRF funds without any final assessment.

The Court had earlier confined to asking the State and the amicus to file a response with their inputs on the Centre's report. This response has been filed, the Court was told today.

Additionally, Advocate General Gopalakrishna Kurup (representing the State) told the Court that a report on the carrying capacity of tourist destinations has been filed as well. He indicated that the State is taking steps to ensure sustainable tourism and has instructed stakeholders to adhere to guidelines.

Amicus Curiae Ranjith Thampan raised concerns about the financial difficulties being faced by people of Wayanad, reporting that bank loans and debts in the region have reached approximately ₹13 crores.

The Court has directed authorities to gather information regarding bank loans and disaster insurance. A report on this aspect is to be submitted by next Wednesday (October 30), when the matter will be heard next.