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The Kerala High Court on Wednesday declared invalid the oaths taken by several councillors of the Thiruvananthapuram Corporation after finding that they had sworn in the names of various deities and political movements instead of following the prescribed legal format.
Justice PV Kunhikrishnan allowed a writ petition challenging the validity of the oaths and directed the State Election Commission to make necessary arrangements for the concerned councillors to take fresh oaths within four weeks. In its order, the Court stated: "Writ Petition is Allowed. Oath taken by respondents 4 to 23 in WP(C) 1502/2026 is declared invalid. The competent authority among respondents 1 to 3 will make necessary arrangements to facilitate respondents 4 to 23 to take oath once again within four weeks from the date of receipt of a separate copy of judgment." The petition argued that the councillors had deviated from the procedure laid down under Section 143 of the Kerala Municipality Act, 1994, which requires elected representatives either to swear in the name of God or make a solemn affirmation. According to the petitioner, the councillors took oaths invoking names such as "Gurudeva Namathil", "Udayannoor Deviyude Namathil", "Kavilammayde Namathil", "Bhagavath Namathil", "Sree Padmanabha Swamyude Namathil", "Bharathambayude Namathil", "Ente Prasthanathile Balidanikalude Peril", "Bharatha Mathavinte Namathil", "Thiruvallam Parasuramante Namathil", "Attukal Ammayude Namathil", "Sree Irumkulangara Durga Bhagavathiyude Namathil", "Padmanabhanteyum Sree Mahavishnuvinteyum Namathil", "Sreekanteswaran Ammayappan Namathil", 'Ayyappa Namathil", "Karyavattom Sree Dharma Sasthavinte Namathil" among others. The petitioner further contended that the oath should uphold constitutional principles and should not be linked to political parties, movements or martyrs, arguing that such practices violated directions issued by the State Election Commission. While allowing the plea, the Court also clarified that the councillors would continue to receive protection under Section 531 of the Kerala Municipality Act for actions taken until the date of the judgment. Section 531 states that no act or proceedings of a municipal council, standing committee or any other committee shall become invalid merely due to defects in constitution, vacancies, irregularities or illegality related to the election of a person. The ruling is expected to have implications for the interpretation and implementation of oath procedures for elected representatives in local self-government institutions in the state. (ANI)
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