[Lok Sabha Elections] Advocate Moves Kerala High Court Challenging 'Polarizing' LDF Campaign Pamphlets

Lawyer Sebin Thomas has moved the Kerala High Court challenging LDF campaign pamphlets, which the petitioner claims “shall mislead the people from the Muslim community that the law enforced by the government of India is for targeting the elimination of them”.

The petitioner, a practising lawyer, filed the petition after receiving a pamphlet distributed by the volunteers of the Left Democratic Front at his house. The pamphlet contained 25 questions against the present member of parliament, Hibi Eden along with the heading '25 questions for Hibi Eden'. The petitioner submits that the pamphlet also requests votes for the LDF candidates in the Ernakulam constituency.

“The injury to the citizens is extremely large because 'hate speech and rumour mongering' has the potential of provoking individuals or society to commit acts of terrorism, genocides, ethnic cleansing etc.” states the plea

The petitioner highlighted several parts and argued that the pamphlet contains statements aimed at religious polarization of votes from the Muslim community. The petitioner claims that such statements can also mislead members of the Muslim community to vote for the LDF.

Accordingly, the petitioner submits that the pamphlet, which contains polarizing statements, is in violation of Section 123(3A) of the Representation of the People Act, 1951. The petitioner alleges that the pamphlet, distributed by the LDF Parliament Committee, is against the social harmony in India. The petition seeks a writ of mandamus directing the respondents to dispose of the pamphlets in question

The plea adds that “In this present juncture, the said pamphlet can be circulated across the globe through various means of communication, and which shall create too much hatred towards the country from the people belonging to 'Muslim Community'”.

Case Title: Sebin Thomas v. Election Commission of India and ors.

Case Number: WP(C) No. 16379 of 2024