In a significant judgment, the Kerala High Court has set aside the oaths taken by 20 BJP councillors of the Thiruvananthapuram Corporation, ruling that the swearing-in process deviated from the statutory format prescribed under law. Justice P V Kunhikrishnan held that elected representatives must either swear “in the name of God” or make a solemn affirmation, as mandated under the Kerala Municipality Act.
The court observed that invoking specific deities, religious figures, and martyrs — including Lord Ayyappa, Attukal Amma, Kavilamma, Bharathamba, Sree Padmanabhaswamy, Gurudevan, and political martyrs — constituted a violation of the prescribed format.
Emphasising the importance of secular democratic principles, the court noted that constitutional offices and public institutions must function within a strictly secular framework. It directed the councillors to retake their oaths in accordance with the law within four weeks.
The ruling came on a petition filed by S P Deepak, a CPI(M) councillor and parliamentary party leader, who challenged the validity of the oath-taking ceremony held after the local body elections.
The swearing-in had sparked controversy after some BJP councillors allegedly raised religious slogans, while party workers were reported to have sung the Rashtriya Swayamsevak Sangh’s prayer song, ‘Ganageetham’, inside the Corporation council hall. Opposition leaders accused the BJP of attempting to communalise an official constitutional process.
Responding to the verdict, Mayor V V Rajesh stated that the Corporation would fully comply with the High Court’s directive. He clarified that the judgment does not affect the councillors’ elected status but only mandates a fresh oath-taking process.
Meanwhile, BJP councillor R Sugathan, who represents the Vazhottukonam ward, is currently in judicial custody in connection with a temple clash case. Booked under the Kerala Anti-Social (Prevention) Act (KAPA), he is lodged in Viyyur Central Prison, Thrissur. Mayor assured that Sugathan would also be administered the oath within the four-week timeframe set by the court.
The ruling has also reignited political debate over decisions taken by the Corporation following the swearing-in, including the election of the Mayor and Deputy Mayor, in which the 20 councillors had participated.
Welcoming the judgment, petitioner Deepak said that while faith remains a personal matter, constitutional procedures must remain secular and inclusive. With the High Court’s order now in effect, the councillors are required to undergo a fresh swearing-in strictly in line with the prescribed legal format.
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