3 min readThiruvananthapuramUpdated: Jun 24, 2026 01:53 PM IST
The Kerala High Court Wednesday declared invalid the oath taken by 20 BJP councillors of the Thiruvananthapuram Municipal Corporation who took oath in the names of various deities, directing them to be sworn in again within four weeks.
A Bench of Justice P V Kunhikrishnan held that the “statute prescribes a particular manner in which an oath is to be taken by the elected members in a democracy, i.e., either in the name of God or a solemn affirmation, the expansion of ‘God’ is not permissible.’’
The court said Section 152 of the Kerala Panchayat Raj Act and Section 143 of the Kerala Municipality Act, read with the respective Schedules, provide that elected members must take the oath either in the name of God or by solemn affirmation, without any expansion. The term “God” is not defined in either Act. The situation is similar under Article 188 read with the Third Schedule of the Constitution, where the oath is also to be taken either in the name of God or by solemn affirmation.
The court was hearing a petition filed by LDF councillor S P Deepak, who pointed out that the BJP councillors had taken the oath in the names of various deities such as Gurudev, Udayanoor Devi, Kavilamma and Sree Padmanabha, and in the name of martyrs. The petitioner sought to have the oath declared invalid.
While declaring the oath invalid, the court said the councillors’ election cannot be set aside on that ground.
“The mandate of the people is supreme in a democracy. They can be given an opportunity to take an oath in accordance with.” The court said that while the councillors’ acts so far are protected, they are not entitled to perform any functions as members of the council until they take a fresh oath or affirmation in accordance with the law.
The court said taking an oath by an elected representative in a democracy means promising the electorate that he will be honest, follow the Constitution and the rule of law, and serve the people with sincerity. Therefore, the oath should be taken in the manner prescribed by the relevant statute and rules.
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The court also declared as invalid the oath taken by Congress member of Vadakkancherry village panchayat in Palakkad district who had taken the oath in the name of Kerala’s late former chief minister Oommen Chandy. The court allowed that member also four weeks time to take the oath again.
