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Days after the Kerala High Court declared invalid the oath taken by 20 BJP councillors of the Thiruvananthapuram Corporation who swore in the name of 'Mother India', organisation martyrs and 'Gurudeva', the saffron party has now moved against 19 councillors of the Kannur Municipal Corporation, alleging that they too failed to adhere to the statutory form of oath and took it in the name of 'Allah'.

BJP Kannur North district president P K Vinod Kumar has submitted a complaint to the Kannur District Collector seeking the invalidation of the oath of office taken by 19 UDF and SDPI councillors, alleging that it violated the provisions of the Constitution and the Representation of the People Act.

The complaint names 17 Indian Union Muslim League (IUML) councillors - T P Jamal, Shabeer Kunhippally, Subair Keecheri, Muhammed Ali V K, Arshad A, K P Thahir, M Rafeeq, Bismillah Beevi, K T Murshid, Faslim T P, Shameema Teacher, Muhammed Shibil K K, Nisami C, Rimsham Thana, Shahad M, Sirajudheen M and Rafna C V - along with SDPI councillor Sameera K and Congress councillor Ajith Parakkandi.

According to the complaint, all the councillors except Ajith Parakkandi took the oath in the name of Allah instead of following the prescribed statutory format. It further alleges that Parakkandi neither took the oath in the name of God nor made the prescribed solemn affirmation. BJP contended that, as a result, all 19 councillors failed to take the oath in the manner stipulated by the Constitution, rendering their oath invalid.

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The BJP leader also questioned the validity of the oath administered by the senior-most councillor, T P Jamal. He pointed out that Jamal, who was sworn in first by the District Collector in his capacity as the Returning Officer, allegedly took the oath in the name of Allah rather than in the prescribed form. Since Jamal's oath itself is claimed to be invalid, Vinod Kumar argued that the oath subsequently administered by him to the remaining councillors also cannot be considered legally valid.

Citing the recent Kerala High Court judgment on the oath-taking of Thiruvananthapuram Corporation councillors, the complaint claims that using "Allah" in place of the prescribed expression "in the name of God" or making a solemn affirmation is not legally permissible. On this basis, the BJP has requested the District Collector to declare the oath taken by all 19 councillors invalid and direct that they take the oath afresh in the form prescribed by law.

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"The legal provisions governing the oath of office must be strictly complied with. The oath should be administered only in the form prescribed by the Constitution and the Representation of the People Act. The inclusion of words or expressions not contemplated by law is a matter that requires examination," the complaint states.

The complaint comes days after the Kerala High Court, on June 24, declared invalid the oath taken by 20 BJP councillors of the Thiruvananthapuram Corporation and a member of the Vadakkenchery Grama Panchayat. The panchayat member had taken oath in the name of former Chief Minister Oommen Chandy. Justice P V Kunhikrishnan directed all 21 elected representatives to take the oath again within four weeks, holding that under Section 152 of the Kerala Panchayat Raj Act and Section 143 of the Kerala Municipality Act, an elected member can take the oath only "in the name of God" or by making a solemn affirmation, without any additions or modifications.

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