Lok Sabha Polls: Lawyer moves Kerala High Court alleging LDF running polarising campaign to woo Muslim voters

A lawyer has moved the Kerala High Court alleging that certain pamphlets distributed by the Left Democratic Front (LDF) seeking votes in the Lok Sabha Elections 2024 seek to polarise voters on the basis of religion [Sebin Thomas v. Election Commission of India & Ors.]..The petitioner, advocate Sebin Thomas has raised concern that the LDF has sought to woo Muslim voters through such polarising pamphlets distributed in Ernakulam constituency..When the matter came up today before Justice N Nagaresh, the judge remarked that the interim prayer to stop the distribution of the pamphlet is pointless as the elections in Kerala will be held this Friday, April 26.However, the Court directed the counsel for the Election Commission of India (ECI) and the Chief Electoral Officer, Kerala to get instructions on the matter..In his petition, Thomas submitted that LDF volunteers distributed pamphlets to his house with the title "ഹൈബി ഇടനോട് 25 ചോദ്യങ്ങൾ" (25 questions for Hibi Eden). Hibi Eden is a Congress Member of the Lok Sabha and the candidate for the United Democratic Front (UDF) in the Ernakulam constituency in the upcoming elections. Thomas said that the pamphlet had 25 questions for Eden and a request for votes for the LDF candidate in the Ernakulam constituency. .Two questions (no.24 and no.25) have been mentioned specifically in the petition as being intended to polarise voters on religious lines. Question 24, according to the petition, asked, "Did Hibi Eden vote against the Citizenship Amendment Act introduced by the Bharatiya Janata Party in order to exclude Muslims? If not, is Eden not letting down the minorities that the Sangh Parivar is targeting?" (translated from Malayalam).Question 25, according to the petition, asked " When the Unlawful Activities Prevention Act, which targets Muslims and allows the detention of citizens under suspicion of terrorism without any judicial process, was introduced in Parliament, did Hibi Eden vote against it?" (translated from Malayalam).Thomas contended that including such questions in the pamphlet amounts to hate speech as it polarises votes from the Muslim community. He further contended that since the pamphlet also requested votes for the LDF candidate, it violates Section 123(3A) of the Representation of People Act, 1951.Thomas also argued that the statements in the pamphlet are false since no law has been implemented by the government of India targeting the Muslim community at any point in time. "The pamphlet distributed by the LDF Parliament Committee is condemnable and it is against the social harmony in the State of Kerala. The distribution of the said pamphlet shall create fear and hatred towards other religions across India. (That) they are circulating the same with a question mark shall not change the message conveyed to the public. The intention of the LDF Parliament Committee is to secure votes from the Muslim Community through these types of false statements," the petition stated..Thomas emphasised that the citizenry is affected as a whole by such actions where hate speech and rumour-mongering have the potential to provoke individuals to commit acts of terrorism, genocide, ethnic cleansing, etc..The petitioner has raised concern that due to the demographic set-up of Kerala, where Muslims are the second-largest religious community, polarising votes in this manner could affect the election results. .Thomas said that he had filed representations in this regard before the Election Commission of India (ECI) and the Chief Electoral Officer, Kerala. However, since no action seems to have been taken on the same, he approached the High Court with the present petition. .The petitioner has urged the Court to direct the ECI and the Chief Electoral Officer Kerala to dispose of the representations filed by Thomas. The petition also seeks directions so that the results of the Lok Sabha elections in Kerala are not published until the representations are disposed of. .It will be heard next on Thursday, April 25, a day before the polls are slated to be held in Kerala.