Kerala High Court Invalidates Oaths of 20 Thiruvananthapuram Corporation Councillors; Orders Fresh Oath Within Four Weeks
Kochi: In a significant order with political ramifications for the BJP-led civic body, the Kerala High Court on Wednesday declared the oaths taken by 20 councillors of the Thiruvananthapuram Corporation invalid and directed them to retake the oath in the prescribed statutory form within four weeks.
Justice P.V. Kunhikrishnan passed the judgment while disposing of a writ petition filed by CPI(M) councillor S.P. Deepak challenging the manner in which the councillors — mostly from the BJP — had taken their oaths on December 21, 2025, following the local body elections.
The court held that the councillors violated Section 143 of the Kerala Municipality Act, 1994, read with the Third Schedule, by deviating from the mandated format. Instead of swearing “in the name of God” or making a solemn affirmation, several councillors had invoked the names of specific deities such as Lord Ayyappa, Attukalamma, Kavilamma, Sree Padmanabhan and Udiyannoor Devi, as well as “Bharathamba”, “Bharatha Matha”, Gurudevan and martyrs of their political movement.
The bench observed that while citizens remain free to worship any deity or follow any faith, the statutory form of oath cannot be altered or expanded. “When the statute prescribes a particular manner in which an oath is to be taken, the expansion of ‘God’ is not permissible,” the court stated.
Justice Kunhikrishnan, however, noted that the councillors had acted in bona fide belief and declined to invalidate their elections or unsettle the democratic mandate. Past decisions and actions of the corporation stand protected under Section 531 of the Kerala Municipality Act. A similar direction was issued in a connected case involving a gram panchayat member from Vadakkencherry in Palakkad, who had invoked the name of former Chief Minister Oommen Chandy.
The controversy had first erupted during the inaugural council meeting in January this year, when the LDF objected to the participation of these councillors pending the court’s final decision. At that stage, the High Court had kept the validity of the oaths subject to the outcome of the petition without granting interim relief.
The order comes as a setback for the BJP, which created history in the 2025 local body elections by winning 50 seats in the 101-member corporation and electing V.V. Rajesh as the first BJP Mayor of the capital city, ending nearly four decades of LDF rule.
Petitioner S.P. Deepak welcomed the verdict, saying it upheld the principle that statutory procedures for assuming public office must be strictly followed.
The 20 affected councillors will now have to appear before the competent authority and retake the oath in the exact form prescribed under the law within the stipulated period. The ruling is expected to trigger fresh political reactions as the BJP-led council moves to comply with the direction.
