Kochi

The Kerala High Court on Friday questioned the Election Commission of India on the consequences of candidates making hate or communal remarks during election campaigns.

The observation came while the court was hearing a petition alleging inaction by the poll body against B Gopalakrishnan over a controversial campaign video.

Justice Bechu Kurian Thomas disposed of the plea by directing the Election Commission to examine and take a decision on a representation submitted on March 20 by the petitioner, Gokul K. The court asked the Commission to act on the complaint within two months.

During the hearing, the Commission informed the court that an FIR had already been registered against the BJP leader based on a complaint by the Returning Officer, and that the video in question had been taken down.

However, the court raised concerns over the broader impact of such remarks, asking what happens to the damage caused to communities, society, and the country when such statements are made.

The bench also remarked that authorities often cite the enforcement of the Model Code of Conduct as a reason for inaction, even when statutory duties or court directions need to be carried out.

In response, the Election Commission clarified that the Model Code of Conduct does not prevent authorities from implementing legal obligations or complying with court orders, and is meant only to ensure a level playing field during elections.

The petitioner had approached the court after alleging that no action was taken on his complaint submitted to the Commission.

The BJP leader has been booked under provisions of the Bharatiya Nyaya Sanhita for provocation and under the Representation of the People Act for promoting enmity during elections.

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The controversy relates to remarks in which the candidate allegedly claimed that the Guruvayur constituency had not elected a Hindu representative for decades and accused major political fronts of not fielding candidates from the community.