Court mandates fresh oaths in accordance with Kerala Municipality and Panchayat Raj Acts; actions by officials under invalid oaths remain protected until the judgment date.
The Kerala High Court, in a significant ruling, declared the oaths taken by several elected officials of the Thiruvananthapuram Municipal Corporation and Vadakkencherry Grama Panchayat as invalid. The judgment, delivered by Justice P.V. Kunhikrishnan, emphasized the necessity for elected representatives to adhere strictly to the prescribed statutory forms for oath-taking as mandated by the Kerala Municipality Act, 1994, and the Kerala Panchayat Raj Act, 1994.
The case arose when multiple councillors from the Thiruvananthapuram Corporation and a member of the Vadakkencherry Grama Panchayat took their oaths in the names of deities, political martyrs, or individuals instead of strictly in the name of God or through a solemn affirmation as required by law. The court stated that such deviations render the oaths invalid.
Justice Kunhikrishnan reiterated the legal principle that if a statute prescribes a specific method for an action, it must be performed in that manner alone. The judgment cited the precedent set by the Supreme Court, affirming that the form and substance of the oath must align with statutory requirements, allowing no deviation based on personal beliefs or interpretations.
While the court protected actions undertaken by the councillors of the Thiruvananthapuram Municipal Corporation under Section 531 of the Municipality Act until the judgment, similar protection was not extended to the Vadakkencherry Panchayat member due to the absence of a corresponding provision in the Panchayat Raj Act. Consequently, actions by the Panchayat member were deemed invalid.
The High Court has directed the relevant authorities to facilitate the re-taking of oaths for the affected officials within four weeks, ensuring compliance with statutory requirements. The court highlighted the importance of upholding constitutional and statutory mandates to maintain the sanctity of elected offices and the democratic process.
Bottom Line:
Election Law - Oath-taking by elected representatives must strictly comply with the prescribed statutory form as per the Kerala Municipality Act, 1994, and the Kerala Panchayat Raj Act, 1994 - Deviation in taking oath is not permissible.
Statutory provision(s): Section 143 of the Kerala Municipality Act, 1994; Section 152 of the Kerala Panchayat Raj Act, 1994; Section 531 of the Kerala Municipality Act, 1994; Section 258 of the Kerala Panchayat Raj Act, 1994.
S.P. Deepak v. Kerala State Election Commissioner, (Kerala) : Law Finder Doc id # 2928837
