Kerala High Court Issues Notice On Plea To Invalidate Thiruvananthapuram Mayoral Election Over Councillors' Invalid Oath

The Kerala High Court on Tuesday (July 28) issued notice to the State Election Commission and 20 councillors of the Thiruvananthapuram Municipal Corporation in an appeal seeking to invalidate the election of the Mayor and Deputy Mayor— on the ground that 20 councillors who participated in the election had taken an invalid statutory oath. The appeal also challenges the Single Judge's decision protecting the official acts of those councillors despite declaring their oath legally invalid.A Division Bench comprising Justice K. Nataraj and Justice Johnson John issued notice on the writ appeal filed by advocate S.P. Deepak and posted the matter for further consideration on August 17.The dispute stems from the swearing-in ceremony of the councillors elected to the Thiruvananthapuram Municipal Corporation in the 2025 local body elections. According to the appellant, the 20 councillors deviated from the statutory form of oath prescribed under Section 143 of the Kerala Municipality Act by taking oath in the names of various deities, "Gurudeva", "Bharathamba", "Bharatha Matha", political martyrs and other entities, instead of taking the oath "in the name of God" or making a solemn affirmation in the prescribed form.In the writ petition, the Single Judge had held that the oath taken by the councillors was invalid and directed them to retake the oath in the prescribed statutory form within four weeks. However, the Court also held that the official acts performed by the councillors until the date of the judgment would remain protected under Section 531 of the Kerala Municipality Act, 1994, which saves the acts and proceedings of a municipality from being invalidated merely because of defects in its constitution, vacancies, irregularities or illegality in the election of a person.The present appeal is confined to this latter finding. The appellant has not challenged the declaration that the oath was invalid but has questioned the extension of protection under Section 531 to the official acts of the 20 councillors.According to the appellant, Section 531 is a limited saving provision intended only to preserve the validity of acts and proceedings of municipal bodies despite defects in constitution, vacancies or disqualifications. It is contended that the provision cannot validate the assumption of office by persons who never acquired the legal status of councillors because they failed to take the mandatory statutory oath.The appeal further contends that once the oath was declared invalid, the concerned councillors were legally incompetent to participate in the election of the Mayor and Deputy Mayor. Relying on Section 143(3) of the Kerala Municipality Act, the appellant argues that a councillor who has not taken the prescribed oath cannot vote, participate in municipal proceedings or serve on committees. Consequently, the participation of the 20 councillors in Corporation meetings, including the mayoral election, is alleged to be void.The appeal seeks to set aside the portion of the Single Judge's judgment extending protection under Section 531, declare the participation of the 20 councillors in Corporation proceedings—including the election of the Mayor and Deputy Mayor—as illegal, invalidate the mayoral election conducted with their participation, and declare void all decisions taken with their participation prior to their taking a valid statutory oath.Case Title: Adv. S. Deepak v The Kerala State Election Commissioner and Ors.Case No: WA 1435/ 2026Counsel for Petitioner: Bappu Galib Salim, Benoj C AugustinCounsel for Respondent: Deepu Lal Mohan (SC - SEC), Suman Chakravarthy, S. Biju, C.Dinesh, T.C.Krishna, Renjish S. MEnon, Mahadev M.JClick Here To Read/ Download Order

Kerala High Court Issues Notice On Plea To Invalidate Thiruvananthapuram Mayoral Election Over Councillors' Invalid Oath

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Kerala High Court Issues Notice On Plea To Invalidate Thiruvananthapuram Mayoral Election Over Councillors' Invalid Oath

Anamika MJ

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