Kerala High Court Directs State Election Commission To Decide Complaints On Improper Oath-Taking By Local Body Members

The Kerala High Court has recently (19 February) directed the State Election Commission (SEC) to consider and decide complaints alleging deviations from the prescribed statutory form of oath taken by elected representatives of Local Self Government Institutions (LSGIs), within four weeks.A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. passed the order while disposing of a Public Interest Litigation alleging that several elected members of Panchayat, Municipalities, and Corporations had violated mandatory statutory provisions while taking their oath of office following the 2025 local body elections.According to the petitioner, the sanctity of oath-taking ceremonies was compromised by deviations from the prescribed format, including the alleged introduction of religious or political elements. He contended that such deviations undermined the constitutional and statutory scheme governing local governance.The petitioner also submitted that one of the complaints involved as many as 98 elected councillors.The State Election Commission in its counter affidavit admitted receiving multiple complaints and representations regarding deviations from the prescribed oath format. The Commission disclosed that six complaints, four from individuals and two from Returning Officers, had been received, involving approximately 26 elected members.The Local Self Government Department (LSGD), in its affidavit, acknowledged instances of violations of statutory norms concerning oath-taking. It relied on the Kerala High Court's earlier decision in Haridasan Palayil v. The Speaker of the 11th Kerala Legislative Assembly (AIR 2003 Kerala 328), which held that a member who has not taken oath in accordance with constitutional provisions cannot sit or vote and may be liable for penalties.The LSGD emphasized that oath-taking by elected representatives of LSGIs must strictly comply with Section 152 and Schedule II of the Kerala Panchayat Raj Act, 1994, Section 143 and Schedule III of the Kerala Municipality Act, 1994 and Rule 3 of the Kerala Panchayat Raj (Oath of Members, President and Vice President) Rules, 1995. It was argued that the prescribed format is mandatory, leaving no scope for deviation, addition, substitution, or embellishment.The SEC, further submitted that in areas not expressly covered by legislation, framing a code of conduct for oath-taking ceremonies would fall within the legislative domain. The Court declined to examine the allegations in this stage and held that the State Election Commission is the appropriate authority to adjudicate the complaints.The Court thus directed the SEC to consider and decide the complaints in accordance with law by affording reasonable opportunity of hearing to all affected parties. It has directed to complete the exercise within four weeks from the date of communication of the order and pass a reasoned order and communicate it within one week thereafter. Currently, a petition challenging the oath taken by the Councillors of the Thiruvananthapuram Corporation in the name of various deities, martyrs and political movements is pending before a Single bench of the Court. Case Title: Sabu Stephen v State Election Commission Case No: WP(PIL) 3/ 2026Citation: 2026 LiveLaw (Ker) 115Party-in-PersonCounsel for Respondent: K R Deepa (Spl. GP), Deepulal Mohan (SC - SEC)Click Here To Read/ Download Judgment

Kerala High Court Directs State Election Commission To Decide Complaints On Improper Oath-Taking By Local Body Members

Anamika MJ

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