Oath in various names: Kerala HC invalidates swearing-in of 20 BJP councillors

Thiruvananthapuram: The Kerala High Court has invalidated the oath of office taken by 20 BJP councillors of the Thiruvananthapuram Municipal Corporation. The court ruled that taking the oath in the names of political martyrs and specific deities, rather than following the prescribed format, constitutes a violation of statutory rules. The High Court has directed these councillors to take their oaths afresh within four weeks.

The order was passed on a petition filed by Advocate S P Deepak, the CPM Parliamentary Party Leader in the Thiruvananthapuram Corporation. Deepak had approached the court arguing that the 20 BJP councillors had violated election rules during the swearing-in ceremony by using non-prescribed names.

The court clarified that invoking such names as part of personal belief has no legal validity during an official swearing-in ceremony. While their oaths have been set aside, the councillors have not lost their elected membership. However, they can only continue in their positions if they take the oath again in accordance with the rules within the next four weeks.

Rules violated by invoking deities and martyrs

According to the Third Schedule of the Kerala Municipality Act, an elected representative must take the oath either in the name of God (solemn affirmation) or as a solemn pledge.

Deviating from this rule, the BJP councillors had taken their oaths in the names of various figures, including political martyrs (Balidanis) and Mother India (Bharathamba), social reformer Sree Narayana Guru, deities such as Sree Padmanabhaswamy, Lord Ayyappan, Attukalamma and Udiyannooramma.