1. Does the oath taken by the third respondent as a Member of the Legislative Assembly conform to the provisions of the Constitution? If it does not, is the third respondent liable to pay a penalty of Rs.500 for each day on which he had sat or voted in the Legislative Assembly from June 5, 2001? These are the primary issues that arise for consideration in this petition under Art.226 of the Constitution. The facts may be briefly noticed.

2. The petitioner is working as a Journalist. He claims that he has an implicit faith in the Constitution and has always tried to uphold its true letter and spirit. He complains that the third respondent, who was elected to the 11th Kerala Legislative Assembly from the Kodungaloor Constituency, "had not complied with the constitutional provisions under Art.188 according to the form set out for the purpose in (the) third Schedule at the time of taking oath/ affirmation".

3. The elections to the 11th Kerala Legislative Assembly were held in the year 2001. The third respondent had filed his nomination paper. He had subscribed to the oath "in the name of God". Accordingly, his nomination paper was accepted by the Returning Officer. The third respondent had won the election.

4. On June 5, 2001, the 137 elected Members of the Legislative Assembly had subscribed to the oath/ affirmation before the then Protem Speaker. This ceremony was telecast live. The petitioner had noticed the fact that the third respondent had not taken oath in conformity with the Constitution. At that time, the third respondent had not taken oath "either" in (the) name of God or solemnly affirmed, but had taken oath in the name of Sree Narayana Guru". On this basis, the petitioner alleges that the oath taken by the third respondent was not in accordance with the provisions contained in the Constitution. Despite that, he has been taking part in all the legislative activities including the election of the first respondent as the Speaker of the Legislative Assembly. Having not complied with the constitutional provision, he is liable to pay a fine of Rs.500 for each day under Art.193 of the Constitution. Still further, the petitioner avers that on having come to know of the violation of the Constitution by the third respondent, he had sent a representation to the Speaker on June 11, 2001. Copies were also sent to His Excellency the Governor and the Minister for Parliamentary Affairs. It was requested that the third respondent be directed to take fresh oath strictly in accordance with Art.188 "as per the form set out in third Schedule of our Constitution". A copy of the representation has been produced as Ext.P1. He had waited for a response. He did not receive anything in reply. Consequently, he had sent a reminder, vide letter dated July 5, 2001. A copy of the letter has been produced as Ext.P2. Still, nothing was heard.

5. In the meantime, the matter was noticed in the media. Various "legal luminaries and constitutional experts had expressed their opinion". They were unanimous "that the true letter and spirit of our Constitution should have been upheld". A copy of the report dated June 17, 2001, which had appeared in the Indian Express has been produced as Ext.P3. It has been alleged that the third respondent had not taken oath in the name of God or solemnly affirmed as required under the Constitution. This was not "due to an ignorance or mistake but was the part of the wilful, deliberate and planned attempt for" achieving political and religious gains. A copy of the press report that had appeared in Kerala Kaumudi has been produced as Ext.P4. The petitioner alleges that even at the time of election campaign, the third respondent had assured the voters that in case he won the election, he would take "bath only in the name of Sree Narayana Guru".

6. The petitioner alleges that the elected Members have to take oath in accordance with Art.188 read with the third Schedule before taking their seat in the Legislative Assembly. Th