Detained Kerala Councillor Sugathan R Moves High Court Seeking Direction To Prison Authorities To Facilitate Fresh Oath-Taking

The petitioner, Sugathan was elected from Ward No. 20 (Vazhottukonam) in the 2025 local body elections and had originally taken oath on December 21, 2025 before assuming office as councillor.

However, in a judgment delivered on June 24, 2026, the High Court declared the oaths taken in the name of various deities, martyrs and political movements by Sugathan and other Councillors of the Corporation were invalid.The Court had held that elected representatives cannot expand or modify the statutory form of oath by invoking specific deities, political martyrs, organisation or public figures.

The Court thus directed the competent authority to facilitate a fresh oath within four weeks while protecting the validity of their official acts performed until the date of judgment.

According to the present petition, Sugathan was unable to retake the oath along with other Councillors when the re-swearing in took place because he was placed under preventive detention under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) following an order dated June 8, 2026.

The petitioner alleges that the detention was politically motivated, an allegation that has not been adjudicated by the Court. The petition further states that he was later remanded to judicial custody in connection with two criminal cases registered by the Vattiyoorkavu Police.

A representation was placed before the State Government and the Thiruvananthapuram Corporation requesting arrangements for administering the oath. It states that the Corporation informed the petitioner that the Mayor had scheduled the oath-taking ceremony for 11 a.m. on July 14, 2026, at the Corporation Conference Hall.

It is further stated that the Judicial First Class Magistrate Court-II, Nedumangad, has granted the petitioner an interim bail from 5 p.m. on July 13 until 9 p.m. on July 14, 2026, specifically to enable him to attend the swearing-in ceremony and travel between prison and the venue.

Despite the interim bail order, the petitioner contends that the State authorities have not taken any decision on his request for temporary release and are thereby preventing him from complying with the High Court's earlier directions. He alleges that the inaction is politically motivated and amounts to non-compliance with the June 24 judgment.

The writ petition thus seeks a direction to the State Government and prison authorities to produce the petitioner before the Mayor on July 14, 2026, to enable him to take the statutory oath under Section 143 of the Kerala Municipality Act. It also seeks interim relief to the same effect pending disposal of the petition.

The matter will be considered on 13 July.

Case Title: Sugathan R v State of Kerala and Others

Case No: WP(C) 23803/ 2026

Counsel for Petitioner: Suvin R Menon, P. Vijayakumar, T.C. Krishna, Parshathy S.R, Govind P, Achuth Krishnan R., Cristy Theresa Suresh