The order was passed on a petition filed by Communist Party of India (Marxist) councillor SP Deepak. Justice PV Kunhikrishnan held that the oaths administered by the councillors were not valid under the prescribed format. However, the court clarified that all actions performed by the councillors in their capacity as elected representatives would continue to enjoy legal protection under the Municipalities Act.
According to the petitioner, elected representatives are required to take the oath either in the name of God or in the name of the Constitution. The petition argued that invoking specific deities during the oath-taking process was contrary to the prescribed format and inconsistent with constitutional principles.
Reacting to the verdict, Thiruvananthapuram Mayor VV Rajesh said the Corporation would comply with the High Court's order and make arrangements for the fresh swearing-in of the 20 councillors. He emphasized that the judgment does not disqualify them from holding office.
Responding to questions regarding BJP councillor Sugathan, who is currently lodged in jail, the Mayor said the Corporation would deal with the matter in accordance with the court's directions. He dismissed concerns over implementing the order within the stipulated period.
Rajesh also clarified that the functioning of the Corporation, including standing committee meetings and other routine administrative activities, would continue without interruption.
The Mayor further stated that preliminary information indicates that a few councillors outside the group of 20 may also have invoked specific deities while taking the oath. He said the Corporation would verify the matter and proceed in accordance with legal requirements.
The ruling has underscored the importance of adherence to the prescribed constitutional oath and reinforced the legal framework governing elected representatives, while ensuring that the administration and functioning of the Thiruvananthapuram Corporation remain unaffected.
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