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
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.
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
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
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
