Kerala High Court Invalidates Oaths of 20 BJP Councillors; Fresh Swearing-In Ordered

The Kerala High Court on Wednesday directed 20 councillors of the Bharatiya Janata Party (BJP) in the Thiruvananthapuram Municipal Corporation and a Congress ward member of the Vadakkanchery grama panchayat in Palakkad to retake their oaths within four weeks, ruling that the original oaths violated legal provisions.

The single bench of Justice P.V. Kunhikrishnan, allowing a petition filed by Left Democratic Front (LDF) Council Party leader S.P. Deepak, held that the oaths must either be in the name of God or a solemn affirmation as per the Kerala Municipality Act, 1994. The court also declared invalid all official actions taken by the councillors based on the defective oaths.

The councillors had defended their oaths, arguing they swore in the name of their personal deities or beliefs. However, the court found that oaths taken in the name of various deities, martyrs, and political movements did not comply with the Act. Deputy Mayor G.S. Ashanath and councillor R. Vinod had sworn in the name of Bharath Matha (Mother India), while others invoked martyrs (balidaanis) associated with the Rashtriya Swayamsevak Sangh, Sree Padmanabhaswamy, Attukal Amma, and local deities.

Despite the invalidation, the court emphasised that the election of the councillors could not be set aside, stating: “Simply because the councillors committed an illegality during the oath-taking ceremony, their election cannot be set aside. The mandate of the people is supreme in a democracy.”

Following the ruling, a fresh swearing-in ceremony was promptly organised at the Corporation conference hall, with 19 of the 20 BJP councillors taking the oath anew. The absent councillor, R. Sugathan, is currently lodged at Viyyur Central Prison under the Kerala Anti-Social Activities (Prevention) Act (KAAPA). With over 19 criminal cases including attempted murder, it remains uncertain if he can retake his oath within the four-week deadline. Both the LDF and the Congress-led United Democratic Front (UDF) have demanded his removal from the council. Sugathan had originally sworn in the name of ‘Gurudevan.’

In a related case, the court also invalidated the oath of Congress member Sunil Chuvattupadam, elected from Vadakkanchery panchayat, under the Panchayat Raj Act, 1994. All his official acts as a panchayat member were declared void.