BJP rides to safety on Congress rebel and UDF assurance in TVM Corporation

The BJP-led Council in Thiruvananthapuram, which barely holds on to power, managed on Friday to secure leave for its jailed councillor Sugathan R and weathered, at least for the time being, the possibility of a hung Council.

BJP's Vazhottukonam councillor Sugathan, now jailed in Viyyur Central Jail under the Kerala Anti-Social Activities (Prevention) Act (KAAPA), was in danger of automatic expulsion if he had not attended Friday's council meeting. But Mayor V V Rajesh introduced Sugathan's leave application as the second agenda of the day and got it approved by a majority of 51 councillors, including his casting vote.

"The council exempts Vazhottukonam councillor Sugathan from attending the Council meetings for six months," the Mayor declared after he asked councillors to raise their hands if they supported Sugathan's leave application and immediately announced the support of 51 councillors.

Without Sugathan, the BJP-led NDA had only 50 members, one short of a majority. In a surprise move, the BJP managed to secure the support of Poundukadavu ward councillor Sudheesh Kumar, a Congress rebel and an independent who had all through aligned himself with the Opposition.

Sudheesh told reporters that he supported the leave application for the smooth functioning of the Council. "Attempts to sabotage the functioning of the Council have been going on for quite some time," Sudheesah said. He also said that Sugathan was elected just like any other Councillor and had the right to continue as one. "The KAAPA cases against him will be decided by the courts," Sudheesah said.

To the Congress councillors who asked the logic behind his move, Mayor Rajesh had a surprise. He read out from an official communication of the UDF government that validated the leave application. It was a letter sent to Sugathan from the office of the Additional Chief Secretary (Home) on July 20. "At least listen to the circular of your own government," the Mayor was heard telling slogan-shouting Congress legislator Sabarinathan.

The letter says that the government had rejected his petition for parole. "Though you cannot participate in the meetings of the Council, you have the permission to submit a leave application to the Thiruvananthapuram Corporation Council through the jail superintendent to prevent disqualification. If the Council approves the application after putting it to vote as per the Municipality Act, you can insulate your Councillor status from disqualification," the letter says.

Section 91(k) of the Kerala Municipality Act says that disqualification will result if a member absents herself from the meetings of the council for a period of three consecutive months. However, Clause (k) qualifies this absence as one without the permission of the Council. Meaning, a member is considered absent only if he or she has not taken the permission of the Corporation. It is this clause that allowed the Mayor to mobilise the Council's support for Sugathan's leave.

Justifying the Council's ruling, Corporation secretary J Mohammad Shafi said that the High Court in an earlier case had ruled that local body members could not be disqualified just because they were in judicial custody.

The secretary said that a member of Punnapra South panchayat, SDPI's Zulfikkar, was disqualified by the panchayat in 2024 while he was in judicial custody, and this decision was ratified by the State Election Commission. However, the High Court on July 3, 2024, overturned this decision, saying that no member who could not participate in the panchayat meetings because he was in judicial custody should not be deprived of his democratically elected post.