‘Solely in God’s title’: Kerala HC invalidates BJP councillors’ oaths taken in names of deities, ‘Mom India’ | India Information
NEW DELHI: The Kerala excessive court docket on Wednesday dominated that elected native physique representatives should take their oath strictly within the method prescribed by legislation, declaring invalid the oaths of a number of BJP councillors within the Thiruvananthapuram Company who invoked the names of deities, “Mom India” and different figures whereas being sworn in.In a judgment delivered by Justice P V Kunhikrishnan, the court docket held that the Kerala Municipality Act and the Kerala Panchayat Raj Act allow elected members to take oath solely “within the title of God” or via a solemn affirmation. Any addition, enlargement or substitution of these prescribed phrases just isn’t allowed below the legislation, PTI reported.The case stemmed from petitions difficult the oath-taking ceremony of 20 BJP councillors within the Thiruvananthapuram Company. The councillors had taken oath within the names of varied Hindu deities, Bharathamba (Mom India), Bharatha Matha, Gurudeva and martyrs related to their political motion.In a separate case, a member of the Vadakkencherry grama panchayat in Palakkad district took oath “by God’s blessing within the title of Oommen Chandy”, the late former Kerala chief minister.The court docket noticed that taking an oath is a solemn constitutional and statutory obligation via which elected representatives pledge to uphold the Structure, comply with the rule of legislation and serve the general public actually.“When the statute prescribes a selected method through which an oath is to be taken… the enlargement of ‘God’ just isn’t permissible,” PTI quoted the judgement saying.Whereas declaring the oaths invalid, the court docket declined to disturb the election of the representatives involved. It held that the democratic mandate obtained by them remained unaffected regardless of the faulty oath-taking course of.The court docket directed authorities to facilitate a recent oath-taking ceremony for the affected councillors and the panchayat member inside 4 weeks. It additionally dominated that no penalties must be imposed on them, noting that they appeared to have acted below a bona fide perception that their chosen wording was legally permissible.
