THIRUVANANTHAPURAM: The legal battle over BJP councillor R Sugathan has shifted from the validity of his oath to the question of whether he can retain his membership of the corporation council while remaining in preventive detention under the Kerala Anti-Social Activities (Prevention) Act (KAAPA).
Sugathan, who took a fresh oath from the Viyyur Central Jail on Tuesday in compliance with a High Court order, is expected to remain in custody until December unless the detention order is set aside by the courts.
His continued incarceration has brought the spotlight on the attendance provisions of the Kerala Municipality Act, 1994.
Under section 91(k) of the Act, a councillor is liable to be disqualified if they remain absent from meetings of the municipality or a standing committee for three consecutive months without obtaining leave from the council.
The BJP is exploring legal options to ensure Sugathan continues as a councillor while simultaneously challenging his detention.
According to the BJP, efforts are already under way to secure his release before attendance becomes an issue.
“There will be situations where Sugathan will have to participate in council meetings. We will take all necessary legal steps through the courts to ensure that he is able to attend those meetings,” said BJP city district president Karamana Jayan.
“To secure Sugathan’s release, we are approaching the High Court, and if necessary, higher courts. We are fighting to get the KAAPA detention order lifted. There will never be a situation where Sugathan is disqualified. The BJP is confident of that,” he said.
Meanwhile, the LDF has withdrawn its satyagraha outside the corporation. As per the provisions in the Municipality Act, section 91(k) allows the council to grant leave for a councillor’s absence and that if such leave is validly granted through a council resolution, disqualification may not arise.
The provision disqualifies only those who remain absent without the permission of the municipality.
LDF parliamentary party leader S P Deepak said the leave provision cannot be invoked in Sugathan’s circumstances.
“The argument that Councillor R Sugathan can avoid disqualification by obtaining six months’ leave is legally untenable. Any exemption from attending council meetings can be granted only for genuine reasons such as serious illness or other unavoidable circumstances.
Detention under KAAPA cannot be treated as a valid ground for such leave. The High Court has already made it clear that no special privilege should be extended to a person detained under KAAPA,” Deepak said.
The UDF too has maintained that the leave provisions in the Act cannot protect Sugathan.
“There is no provision in law that empowers the mayor to simply grant six months’ leave to protect a councillor from disqualification. Leave under the Municipality Act cannot be granted casually. In the BJP-ruled Palakkad municipality, a councillor was disqualified after remaining absent from three consecutive meetings. The same legal principles will apply here as well,” said UDF parliamentary party leader K S Sabarinadhan.
He also rejected the argument that Sugathan’s fresh oath on Tuesday had reset the attendance period.
“If that logic is accepted, the same reasoning would have to apply to Deputy Mayor G S Asha Nath and others, who too took fresh oaths. That interpretation is not legally sustainable,” Sabarinadhan said.