The Kerala High Court has ruled that elected local body representatives must take oath strictly in the manner prescribed under law, declaring invalid the oaths of several BJP councillors in the Thiruvananthapuram Corporation who invoked names other than ‘God’ or went beyond a solemn affirmation.
Justice P V Kunhikrishnan, delivering the judgment, observed that both the Kerala Municipality Act and the Kerala Panchayat Raj Act clearly require elected members to take their oath either ‘in the name of God’ or through a ‘solemn affirmation.’ Any deviation from this format, the court said, is not legally permissible.
The Court also declared an oath taken by Congress member Sunil Chuvattupadam of the Vadakkencherry Grama Panchayath as invalid on finding that he took the oath by also invoking the name of the late Congress leader Oomen Chandy. He had sworn his oath by stating, ‘By God's blessing in the name of Oommen Chandy.’
The case arose after 20 councillors of the Thiruvananthapuram Corporation took oath in the names of various Hindu deities, Bharathamba, Bharata Mata, Gurudeva and martyrs associated with their political movement.
The court emphasised that an oath of office is not merely a ceremonial act but a formal commitment by elected representatives to uphold the Constitution, respect the rule of law and faithfully discharge their duties to the public. Consequently, the process must be carried out exactly as specified by statute.
The court directed authorities to facilitate a fresh oath-taking ceremony for the affected councillors and the panchayat member within four weeks. It also ruled that no penalties should be imposed on them, noting that they appeared to have acted under a bona fide belief that their chosen wording was legally permissible.
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