The Kerala High Court ruled that elected representatives must follow the constitutionally prescribed oath format, leading to the cancellation of the oath-taking of 20 BJP councillors.
Thiruvananthapuram: In a significant ruling among recent Kerala High Court Cases, the Kerala High Court has cancelled the oath-taking ceremony of 20 BJP councillors in the Thiruvananthapuram Municipal Corporation after finding that they did not follow the constitutionally prescribed format while taking office. The court held that elected representatives must adhere strictly to the oath wording laid down under the Constitution and relevant laws.
The controversy arose after local body elections held in Kerala last year. During the oath-taking ceremony, several BJP councillors reportedly took their oath in the name of ‘Bharat Mata’ as well as political leaders and martyrs. A member of the Vadakkanchery Grama Panchayat in Palakkad district was also accused of deviating from the prescribed format during the oath-taking process.
Hearing a petition challenging the validity of the oath-taking, Justice P.V. Kunhikrishnan examined the legal provisions governing oaths of office for elected representatives. The court observed that representatives are required to take their oath either “in the name of God” or by stating “I solemnly affirm,” as specified under the Constitution and related statutory provisions.
The court emphasized that an oath of office is not merely a ceremonial formality but a constitutional commitment to uphold the Constitution and serve the public honestly. According to the judgment, allowing variations beyond the prescribed format would undermine the uniformity and legal sanctity of the oath-taking process. As a result, the court annulled the oath-taking of the 20 BJP councillors and the Vadakkanchery panchayat member.
However, the court clarified that the defect was limited to the oath-taking procedure and did not affect the validity of the election results. The councillors and the panchayat member will continue to hold their elected status but must retake the oath in accordance with the law within four weeks. The judgment also noted that any public welfare measures or administrative actions already undertaken by the councillors would remain protected under the provisions of the Kerala Municipality Act.
The ruling is expected to serve as an important precedent in Kerala High Court Cases involving constitutional procedures and local governance. Legal experts note that the judgment reinforces the principle that constitutional requirements must be followed uniformly by all elected representatives, irrespective of political affiliation or personal beliefs. The decision highlights the judiciary’s role in ensuring adherence to established legal norms while preserving the democratic mandate granted by voters.
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