KOCHI: The Kerala High Court on Friday asked the ECI what happens when a candidate makes hate or communal remarks that cause harm to a community, society and the country.
The High Court's query came during the hearing of a plea alleging inaction by the Election Commission of India (ECI) against B Gopalakrishnan, BJP's candidate from Guruvayur assembly constituency, for his alleged communal remark in a campaign video.
Justice Bechu Kurian Thomas disposed of the petition with a direction to the ECI to consider and pass appropriate orders on the March 20 representation received by it from the petitioner -- KSU leader Gokul K.
The court directed that the representation be disposed of within two months from the date of its receipt by the Commission.
During the hearing, the ECI told the court that an FIR has been registered against the BJP leader on a complaint made by the Returning Officer and that the campaign video in question has been removed.
However, the court asked, "What about the harm caused to a community, the society and the country? What happens when someone makes such hate or communal comments?" The court also observed that the entire government machinery appears to shut down on the ground that the Model Code of Conduct (MCC) is in effect, and many court directions and even statutory duties are not carried out on that excuse.
The ECI told the court that implementation of court directions and carrying out statutory duties are not interdicted by the MCC, which is enforced only to ensure that no political party gains any unfair advantage in the polls.
Gokul, in his plea, has said that he had moved a representation before the ECI on March 20 seeking action against the BJP leader, but as no steps were taken by the poll panel, he had moved the court.
Gopalakrishnan has been booked under BNS section 192 (wantonly giving provocation with intent to cause riot) and section 125 (promoting enmity between classes in connection with election) of the Representation of the People Act.
In the disputed campaign video, the BJP leader purportedly claimed that Guruvayur constituency had not elected a "Hindu MLA" for nearly five decades and alleged that both the Left and the Congress-led fronts had not been fielding candidates there from the community.