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Kerala High Court
Sabu Steephen vs State Election Commission on 19 February, 2026
2026:KER:15151
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
WP(PIL) NO. 3 OF 2026
PETITIONERS:
SABU STEEPHEN, AGED 52 YEARS
S/0. C.STEEPHENSON, LILLY COTTAGE,
PERUKAVU.P.O., PEYAD, TRIVANDRUM, PIN - 695573
BY ADV SABU STEEPHEN(PARTY-IN-PERSON)
RESPONDENTS:
1 STATE ELECTION COMMISSION
KERALA, REPRESENTED BY THE SECRETARY,
JANAHITHAM, VIKASBHAVAN P.O.,
THIRUVANANTHAPURAM . KERALA., PIN - 695033
2 STATE OF KERALA
REPRESENTED BY THE SECRETARY LOCAL SELF-
GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM , KERALA, PIN - 685001
3 DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS, VAZHUTHACAUD,
SASTHAMANGALAM P.O, TRIVANDRUM., PIN - 695010
4 DISTRICT COLLECTOR
THIRUVANANTHAPURAM, CIVIL STATION,
KUDAPPANAKUNNU, TRIVANDRUM, PIN - 695043
5 DISTRICT COLLECTOR,
KOLLAM, COLLECTORATE BUILDING,
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CUTCHERY (1ST FLOOR), NEAR ASRAMAM GROUND,
KOLLAM, KERALA., PIN - 691013
6 DISTRICT COLLECTOR
PATHANAMTHITTA. COLLECTORATE,
PATHANAMTHITTA, KERALA, PIN - 689645
7 DISTRICT COLLECTOR
ALAPPUZHA. COLLECTORATE (1ST FLOOR),
ALAPPUZHA, KERALA, PIN - 688001
8 DISTRICT COLLECTOR,
KOTTAYAM. COLLECTORATE, KOTTAYAM,
KERALA, PIN - 686002
9 DISTRICT COLLECTOR,
IDUKKI COLLECTORATE, KUYILIMALA,
PAINAVU P.O., IDUKKI, KERALA, PIN - 685603
10 DISTRICT COLLECTOR,
ERNAKULAM. COLLECTORATE, KAKKANAD, KOCHI
(ERNAKULAM), KERALA, PIN - 682030
11 DISTRICT COLLECTOR,
THRISSUR, COLLECTORATE, POOTHOLE P.O., THRISSUR,
KERALA, PIN - 680020
12 DISTRICT COLLECTOR
PALAKKAD, COLLECTORATE, CIVIL STATION,
PALAKKAD, KERALA, PIN - 678001
13 DISTRICT COLLECTOR,
MALAPPURAM, COLLECTORATE, DOWN HILL,
MALAPPURAM, KERALA, PIN - 675505
14 DISTRICT COLLECTOR,
KOZHIKODE. COLLECTORATE, CIVIL STATION,
KOZHIKIDE, KERALA, PIN - 673018
15 DISTRICT COLLECTOR
WAYANAD. COLLECTORATE, KALPETTA,
WAYANAD, KERALA., PIN - 673121
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16 DISTRICT COLLECTOR,
KANNUR. COLLECTORATE, THAVAKKARA,
KANNUR, KERALA, PIN - 670002
17 DISTRICT COLLECTOR,
KASARAGOD COLLECTORATE, VIDYANAGAR,
KASARAGOD, KERALA, PIN - 671123
BY ADVS.
SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
GOVERNMENT PLEADER
OTHER PRESENT:
SMT.K.R. DEEPA-SPL.GP
MR.DEEPULAL MOHNA, SC FOR R1
THIS WRIT PETITION (PUBLIC INTEREST LITIGATION)
HAVING COME UP FOR ADMISSION ON 19.02.2026, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 19th day of February, 2026
Soumen Sen, C.J.
In the writ petition, the petitioner claims himself to be
essentially an activist appearing in person. The petitioner-
in-person has in this public interest litigation alleged
violation of statutory provisions under the Kerala Panchayat
Raj Act, 1994, the Kerala Municipality Act, 1994 and the
Representation of the People Act, 1951, including the
breach of sanctity of oath-taking ceremonies of elected
representatives in Local Self Government Institutions, on
the ground that the prescribed form of oath has been
flouted. It is specifically stated that while taking oath, the
elected representatives have flouted Section 22 of the Kerala
Panchayat Raj Act, 1994, Section 48 of the Kerala
Municipality Act, 1994 and Section 123(3) of the
Representation of the People Act, 1951, which prohibits
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undue religious and political influence in elections, allegedly
extended to post-election functions such as oath-taking
ceremonies. However, the persons likely to be affected by
any order that are to be passed in the proceedings have not
been made parties.
2. Earlier, we had directed the State Election
Commission and the Local Self Government Department to
file counter affidavits dealing with the allegations raised in
the writ petition. In the counter affidavit filed by the State
Election Commission, it is admitted that complaints,
representations and reports have been received in respect of
alleged deviations from the prescribed form of oath or
affirmation taken by the elected members. The details of
the complaints and representations received by the State
Election Commission have been enumerated in paragraph
31 of the said affidavit. It refers to six complaints - four by
the individuals and 2 by Returning Officers - involving
about 26 members elected to various local bodies. The
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petitioner, appearing in person, submitted that the first
written complaint mentioned in the chart furnished in the
affidavit involves about 98 elected Councillors.
3. In the affidavit filed by the Local Self Government
Department, it is stated that there have been violations of
the prescribed statutory norms concerning oath to be taken
in terms of the aforesaid Acts. The affidavit refers to the
judgment of this Court in Haridasan Palayil v. The Speaker
of the 11th Kerala Legislative Assembly and Others 1 to
demonstrate that an elected member who has not taken
oath in accordance with the provisions of the Constitution is
not entitled to sit or vote in the Legislature until duly sworn
in and is also liable to pay the prescribed penalty.
4. It is the contention of the Local Self Government
Department that the issue regarding oath-taking by the
members/elected representatives of Corporations,
Municipalities and Panchayats in the Local Self Government
1 AIR 2003 Kerala 328
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Institution elections held in 2025 has to be decided in
accordance with the provisions of the Kerala Panchayat Raj
Act, 1994 and the Kerala Municipality Act, 1994, which are
the legislations enacted under the legislative power
conferred upon the State Legislature by Article 243 of the
Constitution of India. Reference is also made to Article
246(2) and 246(3), read with List II and List III of the
Seventh Schedule to the Constitution of India. The
provisions relating to the formation of Local Self
Government Institutions were introduced into the
Constitution by the Constitution (Seventy-Third
Amendment) Act, 1992. Reliance is also placed on Section
143 and Schedule III of the Kerala Municipality Act, 1994,
Section 152 and Schedule II of the Kerala Panchayat Raj
Act, 1994, read with Rule 3 of the Kerala Panchayat Raj
(Oath of Members, President and Vice President) Rules,
1995, governing oath-taking by elected representatives of
the Local Self Government Institutions.
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5. It is submitted that under the constitutional
scheme, there is no provision permitting oath to be taken in
any form or manner not sanctioned by law and that there is
no scope for deviation, addition, substitution or
embellishment of the prescribed format. According to the
said respondent, such prescription is mandatory and
cannot be diluted.
6. In the affidavit filed by the State Election
Commission, it is contended that in areas left unoccupied
by legislation, there is a need for framing of code of conduct
for elected members of Local Self Government Institutions to
be followed during the oath-taking ceremonies and that
such matters fall within the domain of the Legislature. It is
thus contended that no relief can be granted to the
petitioner. However, the State Election Commission has not
denied having received the complaints enumerated in
Paragraph 31 of the affidavit and it is the duty to consider
and decide the said complaints in accordance with the
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constitutional scheme.
7. Under such circumstances, we dispose of this
Public Interest Litigation by directing the State Election
Commission to consider and decide the complaints in
accordance with law, after affording reasonable opportunity
of hearing to all the parties, within a period of four weeks
from the date of communication of this order. A reasoned
order shall be passed and communicated to the parties
within one week thereafter.
8. We make it clear that we have not gone into
merits of the matter, as we are of the view that the State
Election Commission is the appropriate authority to decide
the said complaints in accordance with law and after taking
into consideration the various statutory provisions referred
to in the affidavits filed by the parties. The relevance of the
said rules and the statutes referred to by the parties are
matters for the Election Commission to decide. At this
stage, we express no opinion on the applicability of such
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provisions.
9. The writ petition is disposed of accordingly.
Sd/-
Soumen Sen
Chief Justice
Sd/-
Syam Kumar V.M.
Judge
ds 19.02.2026
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APPENDIX OF WP(PIL) NO. 3 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ELECTION PETITION
FILED BY THE PETITIONER ON 21-12-2025,
BEFORE THE STATE ELECTION COMMISSION,
KERALA(1ST RESPONDENT) AND TO THE
SECRETARY, LSGD(2ND RESPONDENT).
Exhibit P2 TRUE COPY OF THE VARIOUS INCIDENTS OF
OATH CEREMONIES CONDUCTED IN THE RIGHT
MANNER, TO THE ELECTED MEMBERS, AT THE
NATIONAL LEVEL, STATE LEVEL AND LOCAL
BODY LEVEL.
Exhibit P3 TRUE COPY OF PHOTOGRAPHS, THE ELECTED
MEMBERS OF VARIOUS LOCAL BODIES IN
KERALA-2025.
Exhibit P4 TRUE COPY OF PHOTOGRAPHS SWEARING IN
CEREMONIES OF LOCAL BODIES IN KERALA,
2025.
