Kerala High Court Directs ECI To Consider Plea Against BJP's B Gopalakrishnan Over Alleged Communal Remarks

The Kerala High Court on Friday (27 March) directed the Chief Election Commission of India to consider a representation filed against BJP leader B.Gopalakrishnan for making alleged communal remarks during a campaign in Guruvayur constituency amid the upcoming State assembly elections.

Justice Bechu Kurian Thomas directed the ECI to decide the representation in two months.

The Court was considering a writ petition moved by Kerala Students' Union (KSU) leader Gokul.

B.Gopalakrishnan, BJP leader and NDA (National Democratic Alliance) candidate to the Kerala legislative assembly election from Guruvayoor constituency has made posts in social media handles in which he has accused other parties of not fielding Hindu candidates in the constituency. 

A case has already been registered against Gopalakrishnan by the Guruvayoor Temple Police Station under Section 192 of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 125 of Representation of People Act, 1952  and 1988. 

The Court noted that an FIR has already been registered and the video in question is removed.  It observed that since the representation filed before the Commission is pending consideration, the petitioner must first pursue remedy before the Election Commission. 

"Exhibit P2 representation...and the same is pending consideration...By any alleged practice conflict of law carried out by any person…to initiate proceedings under Representation of Peoples Act, 1991. …since the petitioner's representation is pending consideration, it need to be considered within 2 months of receiving the order" the Court noted. 

It thus directed the representation to be considered within 2 months and disposed of the petition. 

"Since election has already commenced it is not appropriate for the Court to make any observation that would have a bearing on the proposed election however since representation is pending consideration…consider the same.." the Court added. 

Case Title: Gokul K v The Chief Election Commissioner Of India

Case No: WP(C) 12425/ 2026

Citation: 2026 LiveLaw (Ker) 174

Counsels for Petitioner: Babin T. Anthikkad, Vanesha Viswambaran, Rachel Thomas

Counsel for Respondents: M. Ajay (SC - ECI), Deepu Lal Mohan (SC - SEC)