The Kerala High Court on Wednesday declared invalid the oath taken by 20 BJP councillors of the Thiruvananthapuram Corporation and a panchayat member, holding that elected representatives must adhere strictly to the oath format prescribed by law.
Justice P V Kunhikrishnan directed all 20 councillors and the panchayat member to retake their oath within four weeks.
The court observed that under Section 143 of the Kerala Municipality Act and Section 152 of the Kerala Panchayat Raj Act, elected representatives are required to take the oath either “in the name of God” or by making a solemn affirmation. Any expansion or modification of the prescribed wording is not permissible.
The BJP councillors, elected in the 2025 local body polls, had taken their oath in the names of Mother India, local deities, organisational martyrs and Gurudevan. In a separate case, a panchayat member had taken the oath in the name of late Congress leader Oommen Chandy.
The court noted that while the term “God” is not specifically defined in the relevant statutes, the law clearly prescribes the manner in which the oath is to be administered. Referring to Article 188 of the Constitution and the Third Schedule, the court held that elected representatives must either swear in the name of God or make a solemn affirmation, without elaboration or addition.
The petition was filed by CPM councillor S P Deepak, who challenged the validity of the oath taken by the BJP councillors and sought their disqualification.
The councillors directed to retake the oath include Chembazhanthi Uday, R Sugathan, Vishnu Mohan, Surya V S, Sreedevi S K, Pappanamcode Saji, R C Beena, Ashanath G S, Vayalkkara Rajesh, R Vinod, Gopakumar, Sruthi S S, V Giri, Saritha P, Harikumar, Deepa S Nair, O Sukanya, Jaya Rajeev, Sunil S S and Mini P S.
Among them is Ashanath G S, who currently serves as Deputy Mayor of the Thiruvananthapuram Corporation.
The list also includes R Sugathan, who is presently lodged in Viyyur Central Jail under the Kerala Anti-Social Activities (Prevention) Act (KAAPA). Questions remain over how he will complete the fresh oath-taking process.
The court did not disturb the election of the councillors but ordered them to retake the oath in accordance with the law.
The BJP-led NDA created history by winning control of the 101-member Thiruvananthapuram Corporation in the 2025 civic polls, securing 50 wards. The LDF won 29 seats, while the UDF secured 19.
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