Kerala HC Pulls Up ECI Over BJP Leader’s ‘No Hindu MLA’ Remark in Guruvayur

The Kerala High Court on Friday expressed serious concern over alleged communal remarks made by BJP leader B Gopalakrishnan, who is contesting the upcoming Assembly elections from the Guruvayur constituency.

Hearing a petition filed by Kerala Students' Union (KSU) leader Gokul, Justice Bechu Kurian Thomas questioned the Election Commission of India (ECI) on the steps taken to address the issue and the broader impact such statements may have on society, Bar and Bench reported.

"Video (containing communal remarks) has been removed, but what about the harm caused to the community, to the society and to the country?" the judge asked during the hearing, underscoring the lasting effects of such remarks.

The plea alleged that Gopalakrishnan violated provisions of the Representation of the People Act, 1951, by making statements with communal overtones during his election campaign. It also pointed out that a criminal case had already been registered against him by the Guruvayur Temple Police, yet his nomination papers had been accepted by the Returning Officer.

The petitioner argued that, given the nature of the remarks, the BJP candidate should be disqualified from contesting the election.

During the proceedings, the Court sought clarity from the ECI on its response to such incidents, particularly during the enforcement of the Model Code of Conduct (MCC).

In response, counsel for the ECI informed the Court that an FIR had been registered and the controversial video had been removed from social media platforms. The Commission also stated that it had initiated action and called for reports based on the petitioner's representation.

However, the Court remained critical, questioning the effectiveness and legal standing of the MCC. "What is this Model Code of Conduct? What is the legal effect of this? You are bringing the entire administration of the State to a halt," the judge remarked.

The ECI defended its role, stating that the MCC is intended to ensure a level playing field during elections and prevent the ruling party from gaining undue advantage. It added that appropriate action would be taken under relevant laws in cases involving penal offences, including those related to hate speech.

When asked specifically about communal or hate remarks, the Commission said that such cases could attract penal provisions, while the ECI would simultaneously act under the MCC framework during the election period.

Taking note that the petitioner's representation is already pending before the Chief Election Officer, the High Court chose not to go into the merits of the case. It directed the ECI to consider and dispose of the representation within two months.

"Since the representation has admittedly been received and is pending consideration, the petition can be disposed of with a direction to pass appropriate orders within two months," the Court said.

The judge also refrained from making detailed observations, noting that the election process is already underway. "It is not appropriate for this Court to make any observations which may have a bearing on the proposed election," the order stated.

The controversy stems from a video shared by Gopalakrishnan, in which he highlighted that Guruvayur - home to the famous Sri Krishna temple - has not elected a Hindu MLA in the past 50 years, despite having a significant Hindu population. The remarks triggered criticism and led to legal action.

Police have registered a case against the BJP leader under Section 192 of the Bharatiya Nyaya Sanhita (provocation with intent to cause riot) and Section 125 of the Representation of the People Act (promoting enmity between classes in connection with elections).

The petition before the High Court was filed through advocates Babin T Anthikkad, Vanesha Viswambaran and Rachel Thomas.