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Kerala High Court
Gokul K vs The Chief Election Commissioner Of ... on 27 March, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) No.12425 of 2026 1
2026:KER:27623
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 27TH DAY OF MARCH 2026 / 6TH CHAITHRA, 1948
WP(C) NO. 12425 OF 2026
CRIME NO.198/2026 OF Guruvayoor Police Station, Thrissur
PETITIONER:
GOKUL K
AGED 30 YEARS
DISTRICT PRESIDENT, KSU S/O. BINDHU V,
KUZHIKATTIL HOUSE, HRIDHYA NAGAR, NEAR FORT GATE
BAR , KOTTAPPADI, P.O KOTTAPPADI, THRISSUR,
KERALA, PIN - 680505
BY ADVS.
SHRI.BABIN T. ANTHIKKAD
SMT.VANESHA VISWAMBARAN
SMT.RACHEL THOMAS
RESPONDENTS:
1 THE CHIEF ELECTION COMMISSIONER OF INDIA
ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN,
ASHOKA ROAD, NEW DELHI -, PIN - 110001
2 THE CHIEF ELECTORAL OFFICER
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -, PIN
- 695001
3 THE DISTRICT ELECTION OFFICER
THRISSUR, COLLECTORATE, AYYANTHOLE, THRISSUR -,
PIN - 680003
4 THE RETURNING OFFICER
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GURUVAYOOR ASSEMBLY CONSTITUENCY NO. 63, OFFICE
OF THE RETURNING OFFICER, THRISSUR, PIN - 680101
5 THE COMMISSIONER OF POLICE
THRISSUR CITY, POLICE COMMISSIONER OFFICE,
THRISSUR-, PIN - 680004
6 THE STATION HOUSE OFFICER
GURUVAYOOR POLICE STATION, THRISSUR, PIN - 680101
7 ADV. B. GOPALAKRISHNAN
CANDIDATE, NDA-BJP ALLIANCE, GURUVAYOOR ASSEMBLY
CONSTITUENCY NO. 63, RESIDING AT MULLAPPILLY
HOUSE, KUTTANELLUR P.O, THRISSUR DISTRICT, PIN -
680014
SMT. AMMINIKUTTY.K, SR GP, SRI. DEEPU LAL MOHAN,
SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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BECHU KURIAN THOMAS,J
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WP(C) No.12425 of 2026
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Dated this the 27th day of March, 2026
JUDGMENT
Petitioner seeks for the following reliefs:
"I. Issue a Writ of Mandamus or any other
appropriate writ, order or direction, directing respondents 1 to
4 to consider and dispose of the petitioner's representation
dated 20.03.2026 (Exhibit-P2) within a time frame;
II. Issue order directing the respondents 1 to 4 to
initiate appropriate action including disqualification proceedings
against the concerned candidate;
III. Issue a writ of mandamus or any other
appropriate writ, order or direction directing the 4 th respondent
to take immediate action against the 7th respondent for
violation of the provisions of the Representation of the People
Act, 1951, including rejection of the nomination of the 7 th
respondent contesting from Guruvayoor Assembly Constituency
No. 63."
2. Petitioner claims to be a leader of a Student's Union
affiliated to a political party. Petitioner alleges that the 7 th respondent,
who is contesting as a candidate from the Guruvayoor Assembly
Constituency No.63 in Kerala has been engaging in campaign activities
having a communal flavour, intended to create religious and caste-
based divisions among the electorate. Reliance is placed upon an
alleged campaign video, which according to the petitioner, was widely
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circulated, and contained statements that promote enmity and division
among communities with the intention of influencing voters on
prohibited grounds.
3. Pointing out the above aspects, petitioner approached the 1 st
respondent, through a representation dated 20.03.2026. According to
the petitioner, ḍespite receipt of the said representation produced as
Ext.P2, no action has been initiated. The petitioner has also relied
upon FIR No.198/2026 registered at the Guruvayoor Temple Police
Station, at the behest of the Returning Officer itself.
4. I have heard Smt. Vanesha Viswmabaran, the learned counsel
for the petitioner, Sri.Deepulal Mohan, the learned Standing Counsel
for the respondents 1 to 4 and the learned Government Pleader for
respondents 5 and 6. Considering the nature of the reliefs sought for
and the order, I propose to issue, notice to the 7 th respondent is
dispensed with.
5. Since Ext.P2 representation has admittedly been received by
the 1st respondent and the same is pending consideration, I am of the
view that the writ petition can be disposed of with a direction, without
entering into any observation on merits. This is more so since, any
person aggrieved by an issue after elections are notified has to pursue
his/her remedy under the provisions of the Representation of the
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People Act, 1951.
6. Notwithstanding the above, since the petitioner's
representation is pending consideration, the same can be disposed of
in a time bound-manner. Considering the fact that the election has
already been notified in Kerala, it is not appropriate for this Court to
interfere, nor make any observation, that may have a bearing on the
ensuing election. However, since Ext.P2 representation is pending
consideration, it is only appropriate that a direction be issued to
consider the same in accordance with law.
Accordingly, there will be a direction to the 1 st respondent to
consider and pass appropriate orders on Ext.P2 representation, as
expeditiously as possible, at any rate, within a period of 2 months
from the date of receipt of a copy of this judgment, after granting an
opportunity of hearing to the petitioner and the 7 th respondent. The
petitioner shall produce a copy of the writ petition, along with a copy
of this judgment for due compliance.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS,JUDGE
pm
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APPENDIX OF WP(C) NO. 12425 OF 2026
PETITIONER'S EXHIBITS
Exhibit-P2 THE TRUE COPY OF THE REPRESENTATION SENT
THROUGH EMAIL TO THE 1ST RESPONDENT,
DATED ON 20/03/2026
Exhibit-P3 THE TRUE COPY OF THE COMPLAINT ALONG
WITH RECEIPT NO. 159960401-2026-5-00756
DATED 20.03.2026
Exhibit-P4 THE TRUE COPY OF THE FIR IN CRIME
NO.198/2026 LODGED BY THE GURUVAYOOR
POLICE STATION, DATED ON 22/03/2026
