Kerala HC Invalidates Oath Taken by 20 BJP Councillors, Orders Fresh Swearing-In
The Kerala High Court on Wednesday declared the oath taken by 20 BJP councilors of Thiruvananthapuram Corporation and one panchayat member invalid, stating that elected representatives must strictly adhere to the oath format prescribed by law.
Justice PV Kunhikrishnan ordered all 20 councilors and panchayat members to take oath within four weeks.
The court observed that under Section 143 of the Kerala Municipal Act and Section 152 of the Kerala Panchayat Raj Act, elected representatives must take oath either “in the name of God” or by making a solemn declaration. Any expansion or modification of the prescribed statement is not permitted.
The BJP councilors elected in the 2025 local elections had taken oath in the name of Mother India, local deities, organizational martyrs and Gurudevan. In a separate case, a panchayat member had taken oath in the name of late Congress leader Oommen Chandy.
The court noted that the term “God” is not specifically defined in the relevant statutes, but the law clearly states how 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 take an oath in the name of God or make a solemn declaration without any explanation or addition.
The petition was filed by CPM councilor SP Deepak, who challenged the validity of the oath taken by the BJP councilors and sought their disqualification.
The councilors asked to retake the oath include Chembazhanthi Uday, R Sugathan, Vishnu Mohan, Surya VS, Sreedevi SK, Pappanamcode Saji, RC Beena, Ashanath GS, Vayalkkara Rajesh, R Vinod, Gopakumar, Sruthi SS, V Giri, Saritha P, Harikumar, Deepa S Nair, O Sukanya, Jaya Rajeev, Sunil SS and Sunil. SS is included. Mini P.S.
Among them is Ashanath GS, who currently serves as Deputy Mayor of Thiruvananthapuram Corporation.
The list also includes R Sugathan, currently lodged in Viyyur Central Jail under the Kerala Anti-Social Activities (Prevention) Act (KAAPA). Questions remain about how he will complete the new swearing-in process.
The court did not overturn the election of the council members but ordered them to be re-sworn in in accordance with the law.
The BJP-led NDA created history by securing 50 wards by winning control of the 101-member Thiruvananthapuram Corporation in the 2025 local elections. LDF won 29 seats while UDF won 19 seats.
