Kerala High Court’s instructions, B. Commission should settle Gopalakrishnan complaint in two months!

The Kerala High Court on Friday directed the Election Commission of India to consider within two months the complaint alleging that BJP leader B. Gopalakrishnan had made communal remarks during the ongoing assembly election campaign in Guruvayoor.

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

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

Gopalakrishnan, who is contesting from Guruvayur assembly constituency, had posted material which claimed that the opposition parties had failed to field Hindu candidates in the constituency. These comments led to legal action and the Guruvayoor Temple Police Station registered a case under the provisions of the Indian Judicial Code as well as the Representation of the People Act.

During the hearing, the court found that an FIR has already been registered in connection with this incident and the disputed video has been removed.

The Court also observed that the petitioner has already approached the Election Commission of India with a formal complaint, which is still pending. In its order, the Court emphasized that since the statutory remedies available before the Election Commission have not yet been fully exhausted, it would be appropriate for the ECI to take a deliberate decision on the matter.

Citing the ongoing election process, the bench refrained from making any concrete comments on the merits of the allegations.

“Since the elections have already begun, it would not be appropriate for the Court to make any comment which would have any bearing on the proposed elections,” the court said and directed the ECI to take a decision on the complaint within two months of receipt of the order.

With this direction the petition was disposed of and now it has been left to the Election Commission to decide the further action in this politically sensitive matter.