Shri. Vishal S/O Ravindra Shah vs The Election Commission Of India
2024 Latest Caselaw 15339 Kant

Karnataka High Court

Shri. Vishal S/O Ravindra Shah vs The Election Commission Of India on 2 July, 2024

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                                                       WP No. 102872 of 2023




                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 2ND DAY OF JULY, 2024

                                            BEFORE
                      THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

                        WRIT PETITION NO.102872 OF 2023 (GM-POLICE)
                 BETWEEN:
                  1.    SHRI. VISHAL S/O. RAVINDRA SHAH
                        AGE: 40 YEARS, OCC: BUSINESS
                        R/O. H. NO 694 SHEBAL ROAD UGAR
                        TQ: ATHANI DIST: BELAGAVI-591316

                 2.     SHRI. RANJIT S/O. RUPCHAND SHAH
                        AGE: 39 YEARS OCC: BUSINESS
                        R/O. UGAR TQ: ATHANI
                        DIST: BELAGAVI-591316

                 3.     SHRI. VIVEK S/O. HIRACHANDA SHAH
                        AGE: 63 YEARS OCC: BUSINESS
                        R/O. MAHAVIR CIRCLE UGAR BUDRUK
                        BELAGAVI-591316.

                 4.     SHRI. SANJAY S/O. VILAS SHAH
                        AGE: 57 YEARS OCC: UGAR BUDRUK
YASHAVANT
NARAYANKAR              TQ: ATHANI DIST: BELAGAVI-591316.
Location: HIGH
COURT OF
KARNATAKA,
                 5.     SHRI. BASANGOUDA
DHARWAD
BENCH                  S/O.. LAXMANGOUDA KULKARNI
                        AGE: 44 YEARS OCC: BUSINESS
                        R/O. H.NO 637 BOXITE ROAD TV CENTER
                        BELAGAVI-590001.

                 6.     SHRI. RAHUL S/O. MOHAN SHAH
                        AGE: 50 YEARS OCC: BUSINESS
                        R/O. NEAR MAHAVIR CIRCLE UGAR BUDRUK
                        TQ: ATHANI DIST: BELAGAVI-591316.

                 7.     SHRI. MANISH S/O. DIPCHAND SHAH
                        AGE: 54 YEARS OCC: BUSINESS
                        R/O. KUSAHAL ROAD UGAR BUDRUK
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       TQ: ATHANI DIST: BELAGAVI-591316.

8.     SHRI. ADITYA S/O. DILEEP KALAGHATAGI
       AGE: 39 YEARS OCC: BUSINESS
       R/O. 728 SAMBHAJI ROAD
       3RD RAILWAY GATE HINDU NAGAR
       BELAGAVI- 590006.

9.     SHRI. HARSHAD
      S/O. SURESH KALGHATAGI
       AGE: 45 YEARS OCC: BUSINESS
       R/O. # 170 TILAKWADI BELAGAVI-590006.

10.    SHRI. RAKESH
      S/O. GANAPATHRAO KALGHATAGI
       AGE: 50 YEARS OCC: BUSINESS
       R/O. PLOT NO.2 SHREE RENUKA
       OPPOSITE DESAI FARM HOUSE,
       BELAGAVI-590009

11.    SHRI. DEEPAK
       S/O. GURUNATH GOJAGEKAR
       AGE: 48 YEARS OCC: BUSINESS
       R/O. HOUSE NO 508D CONGRESS ROAD
       HINDU NAGAR TILAKWADI BELAGAVI-590006.

12.    SHRI. SACHIN S/O. RAMESH HARITE
       AGE: 59 YEARS OCC: BUSINESS
       R/O. CCB NO 218 RAMASHREE BUILDING
       2ND CROSS CENTRAL BANK TILAKWADI
       BELAGAVI-590006.

13.    SHRI. SHASHIKANT
       S/O. JANARDHAN UNDALE
       AGE: 66 YEARS OCC: BUSINESS
       CCB NO 22 JYOTI BUILDING GANESH MARG
       HINDAWADI BELAGAVI-590011.

14.    SHRI. JAIDEEP
       S/O. ISHWAR SIDDANNAVAR
       AGE: 53 YEARS OCC: BUSINESS
       R/O. # 84/A SHIVAM 4TH CROSS BHAGYA NAGAR
       TILAKWADI BELAGAVI-590006.
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15.   SHRI. WAMAN
      S/O. BALAKRISHNA ACHMANI
      AGE: 45 YEARS OCC: BUSINESS
      R/O.. 20/21 SY NO 48/13 B 4TH CPRSS
      BHAGYA NAGAR BELAGAVI-590006.

16.   SHRI. SHEEL S/O. SHASHIKANT MIRJI
      AGE: 55 YEARS OCC: BUSINESS
      R/O. 61/2 B-A, 9TH CROSS PLOT NO.1020
      BHAGYA NAGAR.

17.   SHRI. NAGESH
      S/O. NARAYANDAS CHHABRIA
      AGE: 55 YEARS OCC: BUSINESS
      R/O. 2ND MAIN 6TH CROSS
      SADASHIV NAGAR, BELAGAVI-590001.

18.   SHRI. ARIF SALAM
      S/O. ABDUL SALAM MUJAWAR
      AGE: 55 YEARS OCC: BUSINESS
      R/O. NOOR MAHAL CLUB ROAD,
      OPP GOLD COURSE, BELAGAVI-590001.

19.   SHRI. DURGESH
      S/O.. RAMESH HARITE
      AGE: 66 YEARS OCC: BUSINESS
      R/O. NEAR KLE SCHOOL BELAGAVI-590001.

20.   SHRI. ATHIF SALAM MUJAWAR
      AGE: 33 YEARS OCC: BUSINESS
      R/O. NANDAGUDI SOLITAIRE FLAT NO.302
      KUVEMPU NAGAR NEAR KLE SCHOOL
      BELAGAVI-590001.

21.   SHRI. VINAYAK
      S/O.. SATYAPPA CHOUGULE
      AGE: 49 YEARS OCC: BUSINESS
      R/O.. HNO.143 SATYAMARGA,
      GANESH NAGAR, BELAGAVI-591108.

 22. SHRI. RAFIQAHMED
     S/O. ABDULKARIM MUJAWAR
     AGE: 61 YEARS, OCC: BUSINESS
     R/O. # 1195 OLD KHANAPUR ROAD
     BELAGAVI-590014.
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 23. SHRI. ABDUL RASHID
     S/O.. ABDUL GAFFAR MUJAWAR
     AGE: 66 YEARS OCC: BUSINESS
     R/O.. NO.6 HUSENI CASTLE CLUB ROAD OPP
     CENTRAL EXCISE OFFICE BELAGAVI-590001.

 24. SHRI SAYYED JAVEED PASHA
     S/O.. SAYED MUSTAFA PASHA INAMDAR
     AGE: 67 YEARS OCC: BUSINESS
     R/O. HOUSE NO 2639/1 MALI GALLI
     BELAGAVI-590001.

25.   SHRI. SHAMRAO
      S/O. MURARIRAO DESAI
      AGE: 46 YEARS OCC: BUSINESS
      R/O. DESAI COLONY PIPELINE ROAD,
      VIAJAYNAGAR, 1062 BELAGAVI-591108.

26.   SHRI. SAMEER
      S/O. SURENDRA ANGOLKAR
      AGE: 51 YEARS OCC: BUSINESS
      R/O. BHUDAWARPETH #172 OPPOSITE
      MAHAMTMA FULE GARDEN
      BELAGAVI-590006.

27.   SHRI. KIRANKUMAR
      S/O. BHIMAPPA SINGARI,
      AGE: 46 YEARS OCC: BUSINESS
      R/O. # 852 NILAJI CORSS KANCHAVEER NAGAR
      MUTAGA, MUTAGA BELAGAVI-591124.

28.   SHRI. ASHOK S/O. MAHAVEER BHADALE
      AGE: 46 YEARS OCC: BUSINESS
      R/O. # 768/9 MAHAVEER NAGAR,
      HINDAWADI, BELAGAVI-590011.

29.   KARUNAKAR S/O. NADHUR NAYAK
      AGE: 61 YEARS OCC: BUSINESS
      R/O. # 70/1 A GANESHPUR ROAD
      SARASWATI NAGAR HINDALGA
      BELAGAVI-591108.
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30.    SHRI. RAMESH S/O. PARAMACHAND MEHTA
       AGE: ABOUT 59 YEARS OCC: BUSINESS
       R/O. H.NO 24/1A KHANAPUR ROAD
       TALIKADWADI BELAGAVI-590001.

31.    AMITKUMAR S/O. KRISHNA PATIL
       AGE: 38 YEARS OCC: BUSINESS
       RAMNAGAR 2ND CROSS NEAR BY HARI MANDIR
       #1013 ALATAGE NEHRU NAGAR
       BELAGAVI-590010.
                                            ... PETITIONERS


(BY SRI. SHRIKANT T. PATIL, ADVOCATE)


AND:
1.     THE ELECTION COMMISSION OF INDIA
       R/BY THE CHIEF ELECTION COMMISSIONER
       NIRVACHAN SADAN
       ASHOK ROAD NEWDELHI -110001

2.     THE CHIEF ELECTORAL OFFICER KARNATAKA
       NIRVACHANA NILAYA
       MAHARANI COLLEGE CIRCLE
       SHESHADRI ROAD
       BENGALURU- 560001.

3.     THE SECRETARY TO THE GOVERNMENT
       DEPARTMENT OF HOME
       GOVERNMENT OF KARNATAKA
       VIDHANA SOUDHA
       DR. AMEBDKAR VEEDHI
       BENGALURU- 560001.

4.     THE DISTRICT ELECTION OFFICER
       AND DEPUTY COMMISSIONER COURT
       COMPOUND NEAR RANI CHENNAMMA CIRCLE
       BELGAVI- 590002

5.     THE COMMISSIONER OF POLICE
       BELAGAVI CITY NEAR CITY CORPORATION
       BELAGAVI-590003.
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                                      WP No. 102872 of 2023




6.    THE POLICE INSPECTOR
      TILAKWADI POLICE STATION TILAKWADI
      BELAGAVI- 590006.

7.    THE POLICE INSPECTOR
      KAGAWAD POLICE STATION
      BELAGAVI-590001.

8.    THE POLICE INSPECTOR
      APMC POLICE STATION
      SANGAMESHWAR NAGAR,
      AMBEDKAR NAGAR, SADASHIV NAGAR,
      BELAGAVI-590019

9.    THE POLICE INSPECTOR
      KHADE BAZAR POLICE STATION
      NARVEKAR GALLI, KHADE BAZAR,
      RAVIWAR PETH BELAGAVI-590001.

10.   THE POLICE INSPECTOR
      CAMP POLICE STATION
      VG33+RP2, HIGH ST, CAMP,
      BELAGAVI-590001.

11.   THE POLICE INSPECTOR
      VADAGOAN POLICE STATION
      R8J9+VWX, SHIVAJI CHOWK, PETH
      VADGAON, MAHARASHTRA-416112

12.   THE POLICE INSPECTOR
      MARIHAL POLICE STATION SULEBHAVI
      CROSS BAGALKOT ROAD
      BELAGAVI-591103.
                                           ...RESPONDENTS

(BY SRI. V.S. KALASURMATH, HCGP FOR R3-R12)
      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4 AND 5
TO FORM A SCREENING COMMITTEE PURSUANT TO CLAUSE 3.10 OF
INSTRUCTIONS     SL.NO.112     OF   NOTIFICATION    BEARING
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                                                     WP No. 102872 of 2023




NO.ECI/EN/93/2021        DATED       09.11.2021              ISSUED      BY    THE
RESPONDENT NO.1 VIDE ANNEXURE-A AND ETC.

      THIS PETITION IS COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:

                                  ORDER

The petitioner's grievance is that the respondent's

officials, contrary to the guidelines issued by the Election

Commission of India, have taken custody of firearms through a

blanket order. The firearms were returned to the petitioners

after the conclusion of the elections.

2. The petitioners apprehend that the authorities may

again resort to the mass withdrawal of firearms contrary to

guidelines issued by the Election Commission of India. The

issue of handing over firearms by licensed gun holders was

settled by this Court in a reported judgment in

W.P.Nos.9932/2024 and other connected matters, disposed of

on 25.04.2024. Paragraph No.17 of the said order is relevant

and reads as follows:

"17. Since the authorities are consistently violating the guidelines issued by the Election Commission of India, this Court deems it fit to issue certain directions as follows:

NC: 2024:KHC-D:8970

i) The authorities are strictly prohibited from issuing blanket orders that demand the deposit of firearms from all license holders. Such blanket orders not only contravene the specific directives issued by the Election Commission but also fail to address the nuanced risks associated with individual license holders.

ii) The authorities have to take cognizance of the vulnerable communities who are often facing wildlife induced damage to crops and livestock.

The Screening Committee therefore has to adopt a nuanced and evidence based approach to address the firearms possessed by the farmers abutting to forest area. They have to strike a balance between maintaining law and order during elections and at the same time, protect the rights of vulnerable communities and the negative interactions between wild animals and the residents residing at the foot of the forest area. Therefore, the Screening committee while implementing the directives issued by the Election Commission of India has to demonstrate flexibility regarding surrender of firearms taking into account not only the individual circumstances of farmers and their specific threats faced at the hands of wild animals, but there has to be an overall assessment of that region which is often affected due to interaction between wild animals and the losses incurred by the farmers.

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iii) There are several individuals including activists, Advocates who are often exposed to potential risk to their life. Therefore, during every elections, there cannot be a blanket order calling upon these individuals/activists/ professionals to surrender guns/firearms especially when these individuals/professionals/activists have obtained licenses for personal security and the same is critical to hold guns for ensuring their safety and wellbeing. Therefore, by way of blanket order, the authorities cannot expose the individuals vulnerable to threat to life. This may be also prevalent during election period and such individuals who have no nexus with election process may need firearms more during the elections, than otherwise.

iv) All directives and communications regarding the deposit or any other action related to firearms must be conveyed in written form. This ensures transparency, accountability, and provides a clear record of instructions issued. Oral instructions, whether given in person or over the phone, are susceptible to misinterpretation and should, therefore, be avoided to maintain the integrity of the process.

v) Before the commencement of any election, authorities must conduct a rigorous screening process of firearm license holders. This process should prioritize individuals with a history of

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criminal offences, especially those previously involved in rioting or violence during election periods. The objective is to identify potential risks and take necessary precautions to maintain law and order.

vi) The Election Commission shall provide clear and comprehensive guidelines outlining the responsibilities and duties of concerned police officials in conducting the preelection screening. These guidelines should detail the criteria for assessing risks and the procedures for documenting and reporting and volume of instructions issued by the Election Commission. There is a need for a concise and accessible guide. The Election Commission should compile and publish a user-friendly guide before every election, summarizing the key instructions and procedures for officials involved in the conduct of elections.

vii) Although police stations may not typically maintain lists of persons on bail, they should keep records of individuals charged in offences relating to rioting during elections. This information is crucial for assessing the eligibility of firearm license holders and ensuring compliance with the Election Commission's directives.

viii) The Election Commission should actively monitor the implementation of its directives by

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securing reports from all district magistrates. These reports should provide insights into the effectiveness of the screening process and highlight any challenges or areas for improvement.

ix) A comprehensive review should be conducted after every election to evaluate the implementation of the Election Commission's directives. This review should aim to identify procedural errors, assess the overall effectiveness of the screening process, and make necessary adjustments to prevent future lapses.

x) In addition to the pre-election screening, an extensive review of firearm offences directly related to elections should be conducted. This review should analyze historical data, identify patterns of misuse, and assess the potential threats posed by firearms in disrupting the electoral process. The insights gained from this review will inform the screening committee's decisions and contribute to a more targeted and effective approach.

xi) Rather than resorting to mass withdrawal of firearms, authorities should adopt a targeted approach based on individual risk assessments. This involves evaluating the potential threat of violence and misuse of guns by license holders on a case-by-case basis.

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3. In light of the above directions and considering that

the petitioners have received their firearms, no further

directions are warranted, particularly in constituting a screening

committee.

4. The authorities are directed to adhere to the

directions issued by this Court in the future.

Accordingly, the writ petition is disposed of.

Sd/-

JUDGE

AM