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Allahabad High Court issues Notices on Plastic Waste Disposal during Assembly Elections

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Plastic Waste Law Insider

Mitali Palnitkar

Published On: February 10, 2022 at 16:58 IST

The Allahabad High Court in a Public Interest Litigation (PIL) with respect to disposal of plastic waste during Assembly Elections, issued Notices to the Election Commission of India (ECI), Ministry of Environment, Forests and Climate Change (MoEF&CC), State of Uttar Pradesh (UP), and the Central Pollution Control Board (CPCB).

The Bench comprised of Justices Pritinker Diwaker and Ashutosh Srivastava. It also issued Notices to the Chief Electoral Officer of UP, and the Uttar Pradesh Pollution Control Board.

The PIL sought an Interim Stay on manufacturing and using PVC and other chlorinated plastic based products such as banners, hoardings, flexes, flags, etc in UP Assembly Polls 2022.

The PIL was moved by Lawyer, Environmentalist, and Ghaziabad resident Akash Vashishtha. It was filed through Advocate Sujeet Kumar.

The Plea raised substantial Questions of Law due to non-compliance of the Plastic Waste Rules, Solid Waste Rules, and the Hazardous Waste Rules under the Environment (Protection) Act, 1986.

Advocate Sanjay Upadhyay, who represented the Petitioner argued that the PVC and Plastics used in UP elections were toxic and carcinogenic which was violative of the ECI’s mandatory Orders, MoEFCC’s Orders, CPCB’s guidelines, and the Plastic Waste Management and Solid Waste Management Rules.

He stated, “Despite Extended producer Responsibility fixed by virtue of these Laws on the manufacturer/producer, there is no compliance of the Rules by the Government agencies on the ground. This is a larger issue that needs to be addressed. This Court can send out a strong message.”

The High Court asked the Respondents to file their responses within three weeks.

Also read: Right to Healthy Environment