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Kerala HC asks ECI to decide on plea against BJP candidate in two months

Kochi, March 27 (IANS) The Kerala High Court on Friday directed the Election Commission of India (ECI) to consider within two months a representation alleging communal remarks made by BJP leader B. Gopalakrishnan during the ongoing Assembly election campaign in Guruvayur.

Justice Bechu Kurian Thomas issued the directive while disposing of a writ petition filed by Kerala Students’ Union (KSU) leader Gokul.

The petitioner had sought action against the NDA candidate, accusing him of violating election laws through alleged communal social media posts.

Gopalakrishnan, contesting from Guruvayur Assembly constituency, had reportedly posted content claiming that rival parties had failed to field Hindu candidates in the constituency.

The remarks triggered legal action, with the Guruvayoor Temple Police Station registering a case under provisions of the Bharatiya Nyaya Sanhita as well as the Representation of the People Act.

During the hearing, the Court noted that a First Information Report (FIR) had already been registered in connection with the incident and that the controversial video had been taken down.

It also observed that the petitioner has already approached the Election Commission of India with a formal complaint, which remains pending.

In its order, the Court emphasised that since the statutory remedy before the Election Commission had not yet been exhausted, it would be appropriate for the ECI to take a considered view on the matter.

The bench refrained from making any substantive observations on the merits of the allegations, citing the ongoing election process.

“Since the election has already commenced, it is not appropriate for the Court to make any observation that would have a bearing on the proposed election,” the Court said, while directing the ECI to decide the representation within two months of receiving the order.

With this direction, the petition was disposed of, leaving the Election Commission to determine the course of action in the politically sensitive case.

–IANS

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