DEEPAK Vs. KERALA STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) Taking an oath by an elected person in a democracy means that the elected person is promising the electorate that he will be honest, he will follow the constitution and the rule of law, and he will serve the people with sincerity. Therefore, when he takes the oath, it should be taken as prescribed by the relevant statute and rules.

(2.) The Kerala Municipality Act, 1994 (the "Municipality Act", for brevity) and the Kerala Panchayat Raj Act, 1994 (the "Panchayat Raj Act", for brevity) say that the elected members should take an oath either in the name of God or make a solemn affirmation. The party respondents in W.P.(C) No. 1502 of 2026, who were elected Councillors of Thiruvananthapuram Corporation, took oath in the name of [xxxxxxxxxxxxxxxxx] (In the name of Mother India), [xxxxxxxxxxxxxxxxx](In the name of the martyrs of my organisation/movement), [xxxxxxxxxxxxxxxxx] (In the name of Gurudeva) and in the name of different Hindu Gods of their choice. The 6th respondent in W.P.(C) No. 48425 of 2025, who is an elected member of Vadakkencherry Grama Panchayat, took the oath in the name of "

(3.) The question to be decided in these cases is whether the oaths taken by the party respondents in these two writ petitions are in accordance with the Municipality Act and the Panchayat Raj Act.