In a significant legal ruling, the Kerala High Court has invalidated the oath of office taken by 20 BJP councillors from the Thiruvananthapuram Municipal Corporation. The court found that these councillors had sworn allegiance by invoking various deities, political martyrs, and social movements, which did not comply with the mandated form of oath-taking under the Kerala Municipality Act, 1994.
The decision was delivered by Justice PV Kunhikrishnan, who emphasized the necessity for elected officials to adhere strictly to statutory requirements when taking their oaths. According to the law, elected representatives must take their oath either in the name of God or by making a solemn affirmation as prescribed. The Justice stated, “Taking an oath by an elected person in a democracy means that the elected person is promising the electorate that he will be honest, follow the constitution and the rule of law, and serve the people with sincerity.”
Invalid Oaths Across Party Lines
The court also declared invalid the oath of Congress member Sunil Chuvattupadam from the Vadakkencherry Grama Panchayath. His oath was found inappropriate as he invoked the name of the late Congress leader Oommen Chandy, saying, “By God’s blessing in the name of Oommen Chandy.”
The court’s ruling was in response to two petitions: one filed by CPI(M) councillor SP Deepak, challenging the December 21, 2025, oath-taking ceremony of BJP councillors in Thiruvananthapuram, and another by C Kannan against the Congress leader’s oath.
Legal and Cultural Observations
In its judgment, the court clarified that the term “God” in statutory oaths cannot be substituted with any deity, political ideology, individual, or symbolic entity. Justice Kunhikrishnan invoked the teachings of Sree Narayana Guru, advocating for a universal understanding of God, stating, “I am forced to say why we do not call the almighty of all religions with a common name, God?”
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Despite the invalidation, the court provided a reprieve for the affected councillors, allowing them to retain their positions and perform their duties until a fresh oath is taken. This decision was based on Section 531 of the Municipality Act, which prevents actions taken by local bodies or their members from becoming invalid due to procedural irregularities.
Next Steps
The court has instructed the Kerala State Election Commission and other relevant authorities to organize a new oath-taking ceremony within four weeks. This will ensure compliance with the statutory requirements.
Legal representation in the case included senior counsel EK Nandakumar and advocates Bappu Galib Salam and Benoj C Augustin for SP Deepak. Advocates DG Vipin, Daniel AJ, Manisha VV, and J Amaldev represented C Kannan. Kerala State Election Commission’s standing counsel Deepu Lal Mohan, Thiruvananthapuram Corporation’s standing counsel Suman Chakravarthy, and Government Pleader P Abdul Nishad represented the state. Senior counsel S Sreekumar appeared for the BJP councillors.
