Improper oath-taking: Kerala HC directs state poll panel to decide on plaints

Kochi: High court has directed the state election commission to consider and decide on the complaints regarding the alleged breach of the sanctity of oath-taking ceremonies of elected representatives in local self-govt institutions by flouting the prescribed form of oath, within four weeks.The order was passed by a bench of Chief Justice Soumen Sen and Justice V M Syam Kumar while disposing of a public interest litigation (PIL) filed by Sabu Stephen of Peyad, Thiruvananthapuram. The petitioner sought action, including the disqualification of elected representatives who allegedly failed to follow the prescribed form and wording while taking their oath.
The petitioner further alleged that several elected representatives of local self-govt institutions violated Section 22 of the Kerala Panchayat Raj Act, Section 48 of the Kerala Municipality Act, and Section 123(3) of the Representation of the People Act, which prohibits undue religious and political influence in elections. According to the petitioner, this prohibition extends to post-election functions such as oath-taking ceremonies.Supporting the petitioner's contention, the local self-govt department (LSGD) submitted that there have been violations of the statutory norms prescribed for administering the oath under the relevant Acts. The LSGD also referred to a previous HC decision holding that an elected member who has not taken the oath in accordance with constitutional provisions is not entitled to sit or vote in the legislature until duly sworn in and is also liable to pay the prescribed penalty.In its affidavit, the state election commission detailed the complaints received regarding the oath-taking ceremonies. The affidavit referred to six complaints — four filed by individuals and two by returning officers — concerning about 26 members elected to various local bodies. The petitioner, however, submitted that the first written complaint mentioned in the affidavit pertains to about 98 elected councillors.Taking note of the pendency of the complaints before the commission, HC directed the commission to consider and decide the same within four weeks, after affording a reasonable opportunity of hearing to all parties concerned.