Invalid oaths? Why CPI(M) is taking BJP's Thiruvananthapuram mayoral election win to court

CPI(M) alleges that 20 BJP councillors violated oath-taking rules, rendering their votes invalid, and has decided to challenge the matter in court

bjp-thiruvananthapuram-pti BJP’s newly elected members of the Thiruvananthapuram Corporation pose in front of the Sree Padmanabhaswamy temple | PTI

Dramatic scenes unfolded during the Thiruvananthapuram Corporation mayoral election voting process as the CPI(M) questioned the validity of votes cast by 20 BJP councillors.

It is the first time the BJP is winning a corporation in Kerala. The saffron party captured power in the Thiruvananthapuram Corporation, ending the CPI(M)’s 45-year rule in the civic body.

The CPI(M) challenged the validity of the votes, alleging that several BJP councillors violated oath-taking rules by swearing in the names of specific deities. The party argued that this rendered their oaths—and consequently their votes—invalid.

However, Thiruvananthapuram District Collector Anu Kumari rejected the contention, stating that the objection was not raised immediately after the oath was administered and before the councillors signed the register and assumed charge. This led to a verbal altercation between CPI(M) councillor S.P. Deepak and the Collector. The Collector told the CPI(M) councillor that any alleged violation in the oath could now be challenged only in court.

Earlier, the CPI(M) had filed complaints with the Collector and the Chief Electoral Officer, demanding that the oaths of 20 councillors be declared invalid.

CPI(M) district secretary V. Joy and councillor S.P. Deepak submitted the complaint, stating that swearing in the names of specific gods instead of following the prescribed format constituted a breach of rules.

The CPI(M) has decided to challenge the alleged violation in court, too. As per the Kerala Municipal Act, only members who have been duly sworn in on the specified day are eligible to contest or vote in elections to the posts of Chairperson and Vice-Chairperson. The Third Schedule of the Act specifies that a member may take the oath “in the name of God”.

The CPI(M)’s contention is that taking the oath by naming specific deities is invalid when the rule explicitly mandates the phrase “in the name of God”. The party has also raised the legal question of whether members who have not legally completed their oath are eligible to vote in the mayoral election. While raising the objection after the voting process, Deepak said it was the responsibility of the Collector to immediately correct the councillors during oath-taking, which, he alleged, did not happen.

BJP members including R. Sugathan, Karamana Ajith, R.C. Beena, P. Saritha, and Deepa S. Nair swore in the name of Sree Padmanabhaswamy. Valiyavila councillor V. G. Girikumar ended his oath with the words, “martyrs are immortal”. Kunnukuzhy councillor A. Mary Pushpam and Karumam councillor G. S. Ashanath concluded their oaths with “Swamiye Saranam Ayyappa”. Others invoked Sreekanteswaram Mahadevan, Irumkulangara Durga Bhagavathi, and Udiyannoor Devi. Beemapally councillor E. Sajeena Beevi swore in the name of Allah, while Chellamangalam councillor R. Arun ended his oath by hailing martyrs.

What the law says

Legal experts have pointed out that mentioning names not included in the official text of the oath is legally unsustainable. If the matter reaches court, it may direct the councillors to retake the oath in the prescribed format.

In 2003, the Kerala High Court nullified the 2001 oath of JSS leader Umesh Challiyil, who was elected as the Kodungallur MLA, after he swore in the name of Sree Narayana Guru. A division bench comprising Chief Justice J. L. Gupta and Justice R. Basant ruled the oath invalid. The court ordered him to retake the oath to remain a member and imposed a fine for each day he sat in the Assembly until then. As a result, Umesh Challiyil had to pay a fine of Rs 41,000 and retake the oath. The Supreme Court later upheld the High Court’s verdict.

Interestingly, the voting process saw two votes declared invalid due to procedural flaws regarding the councillors' signatures. Both of these invalidated votes belonged to the UDF councillors. Additionally, an independent councillor abstained from voting in the election altogether.

BJP's mayoral candidate V.V. Rajesh became the mayor, winning 51 votes.

As the collector announced the results, BJP councillors raised slogans. Senior leaders, including BJP state president Rajeev Chandrasekhar was present for Rajesh’s swearing-in.

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