Kerala High Court
Varghese P. Chaly vs Kerala State Election Commission on 12 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15464 OF 2024
PETITIONERS:
1 VARGHESE P. CHALY
AGED 64 YEARS, S/O PAUL CHALY,
RESIDING AT CHALY HOUSE, VELAMCODE P.O,
CALICUT, PIN - 673580.
2 WILLIAM A.MATHEW
AGED 60 YEARS, S/O. A.J. GEORGE,
RESIDING AT EZHANIKKATTU HOUSE,
KODENCHERY P.O CALICUT - 673580.
BY ADVS.
R.SANJITH
C.S.SINDHU KRISHNAH
SURAJ KRISHNAN
SIDHI K. KUTTY
P.S.ANJU
ALEX JOHN PULIMOOD
GOURI LAIJU
RESPONDENTS:
1 KERALA STATE ELECTION COMMISSION
REPRESENTED BY SECRETARY, VIKAS BHAVAN,
NEAR LEGISLATURE COMPLEX,
THIRUVANANTHAPURAM, PIN - 695033.
2 THE CHIEF ELECTORAL OFFICER
VIKAS BHAVAN, LEGISLATIVE COMPLEX,
THIRUVANANTHAPURAM DISTRICT,
KERALA, PIN - 695033.
3 THE DISTRICT COLLECTOR
KOZHIKODE COLLECTORATE,
CIVIL STATION P.O, KOZHIKODE - 673020.
W.P.(C)No.15464 of 2024
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4 THE SUPERINTENDENT OF POLICE (RURAL)
KOZHIKODE P.O., KOZHIKODE - 673004.
5 THE STATION HOUSE OFFICER
KODENCHERY POLICE STATION,
KOZHIKODE RURAL, KOZHIKODE - 673580.
BY ADVS.
SREEJITH V.S, GOVERNMENT PLEADER
DEEPU LAL MOHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.15464 of 2024
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JUDGMENT
Dated this the 12th day of April, 2024 The writ petition is filed by the petitioners aggrieved by the direction issued to deposit the licensed arms held by the petitioners prior to the impending Lok Sabha Elections, 2024 without any specific reasons.
2. The petitioners submit that the licence is issued for protection of their life. Once deposited, the same could be reclaimed only after the declaration of the election results which would come only after a span of at least two months. Such deposit would destroy the very purpose of issuance of the valid arms licence. The petitioners submit that the petitioners were forced to surrender the arm on 25.03.2024.
3. As per Ext.P5 Circular, the Election Commission of India has issued guidelines to be complied with, prior to W.P.(C)No.15464 of 2024 :4: directing a valid arms licence holder to deposit their arms during the period of elections. However, in the case of the petitioners, no procedures laid down thereunder have been followed while directing him to surrender their arms.
4. This Court has categorically held in Joseph K. A. v. District Collector, Kottayam and others [2019 (1) KLT 1034] that in the context of depositing of weapons during the period of election, orders can be passed for such depositing only after complying with the clauses in Ext.P5 Circular.
5. The petitioners apprehend that depositing their validly held arms during such a long period will prevent them from protecting their life in the event he encounters any mishaps. The direction of the respondents to the petitioners to deposit their arms during the period of election dehors any legally tenable reason and dehors any finding to that effect by the Screening Committee, is untenable and is liable to be interfered with by this Court, contended the petitioners. W.P.(C)No.15464 of 2024 :5:
6. Standing Counsel representing the Election Commissioner filed a statement and submitted that a Screening Committee has been constituted and the Screening Committee will be considering the issues in detail. However, if any licensee wants the arms to be retained during the election period, such licensees are entitled to seek exemption from the orders of the Government and Election Commission.
7. Taking into consideration the facts of the case, I am of the view that detailed consideration of the legal issues projected by the counsel for the petitioners would require completion of pleadings by the parties, which may render the writ petition infructuous due to time constraints. For the time being, it will be sufficient that the petitioners submit an application for exemption before the Screening Committee.
The writ petition is accordingly disposed of permitting the petitioners to approach the Screening Committee seeking W.P.(C)No.15464 of 2024 :6: exemption from surrendering of arms. If the petitioners submit an application within two days from the date of receipt of copy of this judgment, the Screening Committee shall pass appropriate orders. If the petitioners file application for exemption within two days, the Screening Committee shall pass orders thereon within a further period of seven days. The 5th respondent-Station House Officer shall release the fire arm depending upon the decision of the Screening Committee. If the Screening Committee grants exemption, Arms Licence should be immediately released to the petitioners.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.15464 of 2024 :7: APPENDIX OF WP(C) 15464/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ARMS DEPOSIT RECEIPT DATED 25/03/2024 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE ARMS DEPOSIT RECEIPT DATED 20/03/2024 ISSUED BY THE 5TH RESPONDENT TO THE 2ND PETITIONER Exhibit P3 TRUE COPY OF THE ARMS LICENSE DATED 31/12/1992 BEARING NO. LN18326A7A1C718 ISSUED BY 3RD RESPONDENT TO THE 1ST PETITIONER Exhibit P4 TRUE COPY OF THE ARMS LICENSE DATED 12/01/2018 BEARING NO. 2283/KDF ISSUED BY 3RD RESPONDENT TO THE 1ST PETITIONER Exhibit P5 TRUE COPY OF THE CIRCULAR DATED 01/09/2009 ISSUED BY THE ELECTION COMMISSION OF INDIA RESPONDENT ANNEXURES Annexure R2(a) THE TRUE COPY OF LETTER NO.464/INST/2022/EPS DATED 26-04-2022 ISSUED BY THE ELECTION COMMISSION OF INDIA TO THE CHIEF ELECTORAL OFFICERS OF STATES AND UNION TERRITORIES Annexure R2(b) THE TRUE COPY OF PROCEEDING NO.
DCKKD/4352/2024-D3 DATED 18-03-2024 OF THE DISTRICT MAGISTRATE, KOZHIKODE Annexure R2(c) THE TRUE COPY OF JUDGMENT DATED 20-03- 2024 IN WP(C)NO.11254/2024 OF THIS HON'BLE COURT