Sangeeth P H vs State Of Kerala
2026 Latest Caselaw 2532 Ker

Kerala High Court

Sangeeth P H vs State Of Kerala on 1 April, 2026

W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026


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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

           THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

WEDNESDAY, THE 1ST DAY OF APRIL 2026 / 11TH CHAITHRA, 1948

                        WP(C) NO. 8338 OF 2026

PETITIONER(S):

     1      REGHU C K,
            AGED 66 YEARS,
            S/O KUNJAN C.K, JANATHAVILAM, KACHERITHAZHAM,
            MUVATTUPUZHA, ERNAKULAM, PIN - 686 661.

     2      ASWIN C RAGHU,
            AGED 33 YEARS,
            S/O REGHU C.K, JANATHAVILAM, KACHERITHAZHAM,
            MUVATTUPUZHA, ERNAKULAM, PIN - 686 661.


            BY ADVS.
            SMT.ASWINI SANKAR R.S.
            SRI.P.YADHU KUMAR
            SMT.ASWATHY MENON
            SMT.SIMMY JOSEPH




RESPONDENT(S):

     1      ELECTION COMMISSION OF INDIA,
            REPRESENTED BY THE SECRETARY, NIRVACHAN SADAN,
            ASHOKA ROAD, NEW DELHI, DELHI, PIN - 110 001.

     2      STATE OF KERALA,
            REPRESENTED BY SECRETARY, HOME
            DEPARTMENTGOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695 001.

     3      DISTRICT COLLECTOR,
            CHAIRMAN OF SCREENING COMMITTEE,
            COLLECTORATE,KAKKANAD, ERNAKULAM, PIN - 682 030.
 W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026


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     4          THE STATION HOUSE OFFICER,
                MUVATTUPUZHA POLICE STATION, PUZHAKKARAKKAVU
                ROAD, MUVATTUPUZHA, PIN - 686 661.

                BY ADV.SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
                SRI.M.AJAY, SC, ELECTION COMMISSION OF INDIA
                SRI.DEEPU LAL MOHAN, SC, STATE DELIMITATION
                COMMISSION


         THIS    WRIT    PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION        ON     01.04.2026,    ALONG    WITH   WP(C).8351/2026,
8430/2026 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026


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                                                 2026:KER:29459


            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

           THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

WEDNESDAY, THE 1ST DAY OF APRIL 2026 / 11TH CHAITHRA, 1948

                        WP(C) NO. 8351 OF 2026

PETITIONER(S):

            P.J. ROBERT,
            AGED 60 YEARS,
            S/O. JOSEPH ITTYAVARA, THAZHATHUPANAL UZHAVOOR
            EAST P.O., KURAVFLANGAD, KOTTAYAM DISTRICT,
            PIN - 686 634.


            BY ADVS.
            SHRI.SAJI KURIACHAN
            SRI.M.R.NANDAKUMAR




RESPONDENT(S):


     1      STATE OF KERALA,
            REPRESENTED BY THE CHIEF SECRETARY,
            SECRETARIAT,THIRUANANTHAPURAM, PIN - 695 036.

     2      THE DISTRICT COLLECTOR,
            CIVIL STATION.P.O.,
            KOTTAYAM DISTRICT, PIN - 686 002.

     3      THE DISTRICT POLICE CHIEF,
            CIVIL STATION.P.O., KOTTAYAM DISTRICT,
            PIN - 686 002.

     4      THE STATION HOUSE OFFICER,
            KURAVILANGAD POLICE STATION,
            KOTTAYAM DISTRICT, PIN - 686 634.
 W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026


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     5          STATE ELECTION COMMISSION KERALA,
                REPRESENTED BY SECRETARY,JANAHITHAM TC-27/ 6(2),
                VIKAS BHAVAN,THIRUVANANTHAPURAM, PIN - 695 033.


                BY ADVS:
                SRI.DEEPU LAL MOHAN, SC, STATE ELECTION
                COMMISSION, KERALA
                SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER


         THIS    WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 01.04.2026, ALONG WITH WP(C).8338/2026 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026


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                                                 2026:KER:29459


            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

           THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

WEDNESDAY, THE 1ST DAY OF APRIL 2026 / 11TH CHAITHRA, 1948

                        WP(C) NO. 8430 OF 2026

PETITIONER(S):

            SANGEETH P H.,
            AGED 47 YEARS,
            S/O. HARIDAS, PUTHENVEETTIL HOUSE,
            NEAR KOTTARAM TEMPLE, MARADU P.O.,
            ERNAKULAM DISTRICT, PIN - 682 304.


            BY ADVS.
            SRI.T.MADHU
            SMT.C.R.SARADAMANI
            SHRI.RENJISH S. MENON
            SMT.AVANTHIKA R.
            SRI.D.M.SAJEEVAN
            SMT.ARUNIMA A.R.
            SHRI.T.S.DAVIS
            SMT.KARTHIKA B. VINOD




RESPONDENT(S):



     1      STATE OF KERALA,
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695 001.

     2      THE STATE POLICE CHIEF,
            KERALA POLICE HEADQUARTERS,VAZHUTHACAUD,
            THIRUVANANTHAPURAM, PIN - 695 010.
 W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026


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     3          THE DISTRICT COLLECTOR,
                /DISTRICT MAGISTRATE, ERNAKULAM,
                CIVIL STATION, KAKKANAD P.O.,
                ERNAKULAM DISTRICT, PIN - 682 304.

     4          THE COMMISSIONER OF POLICE,
                KOCHI CITY, ERNAKULAM DISTRICT, PIN - 682 011.

     5          THE STATION HOUSE OFFICER,
                MARADU POLICE STATION,
                ERNAKULAM DISTRICT, PIN - 682 304.

     6          THE ELECTION COMMISSION OF INDIA,
                NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI ,
                REPRESENTED BY ITS SECRETARY, PIN - 110 001.

     7          THE KERALA STATE ELECTION COMMISSION,
                JANAHITHAM, TC 27/6(2) VIKAS BHAVAN P.O.,
                THIRUVANANTHAPURAM,
                REPRESENTED BY ITS SECRETARY, PIN - 695 003.


                BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
                COMMISSION, KERALA
                SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
                SRI.M.AJAY, SC, ELECTION COMMISSION OF INDIA



         THIS    WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 01.04.2026, ALONG WITH WP(C).8338/2026 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026


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                                                 2026:KER:29459


            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

           THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

WEDNESDAY, THE 1ST DAY OF APRIL 2026 / 11TH CHAITHRA, 1948

                        WP(C) NO. 9419 OF 2026

PETITIONER(S):

     1      SANKARAN R.,
            AGED 66 YEARS,
            S/O G.RAGHAVAN, ADUKKATHACHALLA HOUSE,
            KANNIMARI PO, PERUMATTY,
            PALAKKAD, PIN - 678 534.

     2      JAYASREE.K.R,
            AGED 61 YEARS,
            W/O SANKARAN.R, ADUKKATHACHALLA,
            KANNIMARI PO, PERUMATTY,
            PALAKKAD, PIN - 678 534.


            BY ADVS.
            SRI.P.YADHU KUMAR
            SMT.ASWINI SANKAR R.S.
            SMT.ASWATHY MENON
            SMT.SIMMY JOSEPH




RESPONDENT(S):

     1      ELECTION COMMISSION OF INDIA,
            REPRESENTED BY SECRATERY,
            NIRVACHAN SADAN, ASHOKA ROAD,
            NEW DELHI, PIN - 110 001.

     2      STATE OF KERALA,
            REPRESENTED BY SECRETARY HOME DEPARTMENT,
            SECRETERIAT, THIRUVANANTHAPURAM, PIN - 695 001.
 W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026


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                                                        2026:KER:29459

     3          DISTRICT COLLECTOR,
                CHAIRMAN SCREENING COMMITTE, CIVIL STATION,
                PALAKKAD, PIN - 678 001.

     4          STATION HOUSE OFFICER,
                MEENAKSHIPURAM POLICE STATION, MEENAKSHIPURAM,
                PALAKKAD, PIN - 678 533.

                BY ADVS:
                SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
                SRI.M.AJAY, SC, ELECTION COMMISSION OF INDIA


         THIS    WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 01.04.2026, ALONG WITH WP(C).8338/2026 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026


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                                                                    2026:KER:29459




                                     JUDGMENT

In W.P.(C).Nos.9419/2026 and 8338/2026, the arms were

surrendered pursuant to the impugned Orders warranting the

respective petitioners to do so. The petitioners are

challenging the Orders directing them to surrender the

arms. In W.P.(C).Nos.8351/2026 and 8430/2026, the

petitioners are persistently compelled by the S.H.Os

concerned to surrender the arms.

2. Both these situations arose from the guidelines

issued by the Election Commission of India, and it is, in

consequence thereof, that the impugned Orders have been

passed in the two Writ Petitions, first above-referred. It

is in the context of the same guidelines that the

petitioners in the two Writ Petitions second above-

referred to, were directed to surrender the arms.

3. This Court has already considered the impact of

Clause-F of the guidelines issued by the Election W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026

2026:KER:29459

Commission of India, which has been produced at Ext.P2 in

W.P.(C).No.9419/2026. This Court held that, what is

contemplated vide Clause-F is a detailed and individual

review and assessment of the license holders, and the

direction to impound the arms can be made only in a case

where it is essential to ensure maintenance of law and

order and for conduct of free and fair elections. A

satisfaction in this regard is not reflected in the Orders

impugned in W.P.(C).Nos.9419/2026 and 8338/2026. In the

circumstances, the Orders impugned in those Writ Petitions

cannot be sustained. This Court has already considered

the issue in detail produced at Ext.P12 in W.P.

(C).No.8338/2026. For the same set of reasons, the Orders

impugned are liable to be set aside. It is so done. It was

submitted by the learned counsel for the petitioners that

the arms were surrendered pursuant to the impugned Orders.

In the circumstances, there will be a direction to the

S.H.Os concerned to return the arms to the petitioners

within a period of one week from today. Learned Government

Pleader will give necessary instructions in this regard. W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026

2026:KER:29459

4. Coming to Writ Petition Nos.8351/2026 and

8430/2026, this Court notice that an oral direction by the

S.H.O. cannot be countenanced in law, for any reason,

whatsoever. If at all the petitioners in those cases are

required to surrender their arms, necessary Orders, in

terms of the guidelines issued by the Election Commission

of India, have to be passed, after arriving at a

satisfaction regarding the factual inputs made mention of

therein. In the circumstances, it is clarified that the

petitioners in those two Writ Petitions are not under any

obligation to surrender their arms pursuant to the so

called oral directions of the S.H.Os concerned.

All these Writ Petitions will stand allowed, as indicated

above.

Sd/-

C. JAYACHANDRAN, JUDGE ak W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026

2026:KER:29459

APPENDIX OF WP(C) NO. 8338 OF 2026

PETITIONERS' EXHIBITS:-

Exhibit P1 TRUE COPY THE 1ST PETITIONER'S LICENSE WITH LICENCE NO. LN18314A7A18F16 (LOCAL NO. 835/KNR), ISSUED BY THE 3RD RESPONDENT FOR SELF-PROTECTION, VALID UP TO 31-12-2029.

Exhibit P2 TRUE COPY OF THE LICENSE OF THE 2ND PETITIONER BEARING LICENCE NO. LN18314A7A1A619 (LOCAL NO. 1061/MVP), ISSUED UNDER THE SPORTS CATEGORY BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE MEMBERSHIP CARD OF THE 1ST PETITIONER ISSUED BY THE DISTRICT RIFLE ASSOCIATION, ERNAKULAM.

Exhibit P4 TRUE COPY OF THE MEMBERSHIP CARD OF THE 2ND PETITIONER ISSUED BY THE DISTRICT RIFLE ASSOCIATION, IDUKKI.

Exhibit P5 TYPED COPY OF THE EXEMPTION PETITIONS SUBMITTED BY THE FIRST PETITIONER BEFORE THE 3RD RESPONDENT DATED 28/02/2026.

Exhibit P6 TRUE COPY OF THE EXEMPTION PETITION SUBMITTED BY THE 2ND PETITIONER HEREIN DATED 28/2/2026.

Exhibit P7 TRUE COPY OF THE SAID RECEIPT DATED 28.02.2026 ISSUED TO THE FIRST PETITIONER FROM THE OFFICE OF THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE SAID RECEIPT DATED 28.02.2026 ISSUED TO THE 2ND PETITIONER FROM THE OFFICE OF THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE SAID CIRCULAR WITH NO.

464/INST/2009/EPS DATED 1.9.2009. W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026

2026:KER:29459

Exhibit P10 TRUE COPY OF THE SAID GUIDELINES ISSUED BY THE 1ST RESPONDENT DATED 08.06.2023.

Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 05.11.2025 IN W P (C) 29488/2025.

Exhibit P12 TRUE COPY OF THE DISMISSAL PER PROCEEDINGS NO. DCEKM/2626/2026-M3 DATED 21.03.2026 ISSUED BY THE 2ND RESPONDENT.

Exhibit P13 TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE FIRST PETITIONER DATED 21.3.2026.

Exhibit P14 TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER DATED 21.3.2026.

W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026

2026:KER:29459

APPENDIX OF WP(C) NO. 8351 OF 2026

PETITIONER'S EXHIBITS:-

Exhibit P1 TRUE COPY OF THE NOTICE DATED 25-2-2026 BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE CIRCULAR DATED 08- 06- 2023 FROM THE ELECTION COMMISSION OF INDIA.

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 10-01- 2011 IN W.P.(C) NO. 9933, 10598 OF 2009.

W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026

2026:KER:29459

APPENDIX OF WP(C) NO. 8430 OF 2026

PETITIONER'S EXHIBITS:-

Exhibit P1 THE TRUE COPY OF THE ARMS LICENSE DATED 02.06.2025 ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE CERTIFICATION DATED 19.12.2022 ISSUED BY THE NATIONAL RIFLE ASSOCIATION OF INDIA.

Exhibit P3 THE TRUE COPY OF THE CERTIFICATE DATED 15.03.2018 ISSUED BY THE KERALA STATE RIFLE ASSOCIATION.

Exhibit P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT RIFLE ASSOCIATION OF IDUKKI.

Exhibit P4(a) THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT RIFLE ASSOCIATION OF IDUKKI FOR THE YEAR 2017 DATED 6/8/2017.

Exhibit P4(b) THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT RIFLE ASSOCIATION OF IDUKKI FOR THE YEAR 2018 DATED 29/7/2018.

Exhibit P4(c) THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT RIFLE ASSOCIATION OF IDUKKI FOR THE YEAR 2019 DATED 28/7/2019.

Exhibit P4(d) THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT RIFLE ASSOCIATION OF IDUKKI FOR THE YEAR 2022 DATED 14/8/2022.

Exhibit P5 THE TRUE COPY OF THE CERTIFICATE DATED 01.08.2023 ISSUED BY THE KERALA STATE RIFLE ASSOCIATION.

Exhibit P6 THE TRUE COPY OF THE CERTIFICATE DATED W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026

2026:KER:29459

02.08.2024 ISSUED BY THE KERALA STATE RIFLE ASSOCIATION.

Exhibit P7 THE TRUE COPY OF THE JUDGMENT DATED 10/7/2009 IN CRIMINAL WRIT PETITION NO.835/2009 ON THE FILES OF THE HONOURABLE BOMBAY HIGH COURT DOWNLOADED THROUGH THE INTERNET.

Exhibit P8 THE TRUE COPY OF THE INSTRUCTION BEARING NO.464/INST/2009/EPS DATED 1/9/2009 ISSUED BY THE ELECTION COMMISSION OF INDIA.

Exhibit P9 THE TRUE COPY OF THE GUIDELINE NO.464/INST/EPS/2023/L&O DATED 8/6/2023 ISSUED BY THE ELECTION COMMISSION OF INDIA.

Exhibit P10 THE TRUE COPY OF THE JUDGMENT DATED 17/2/2021 IN W.P (C)NO.3682/2021 ON THE FILES OF THIS HONOURABLE COURT. W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026

2026:KER:29459

APPENDIX OF WP(C) NO. 9419 OF 2026

PETITIONERS' EXHIBITS:-

Exhibit P1 CIRCULAR NO. 464/INST/2009/EPS DATED 01.09.2009 ISSUED BY 1ST REPONDENT.

Exhibit P2 GUIDELINES DATED 08.06.2023 ISSUED BY THE FIRST RESPONDENT ELECTION COMMISSION OF INDIA.

Exhibit P3 A TYPED COPY OF THE EXEMPTION PETITION SUBMITTED BY THE FIRST PETITIONER BEFORE THE 3RD RESPONDENT DATED 05/03/2026.

Exhibit P4 A TRUE COPY OF THE EXEMPTION PETITION SUBMITTED BY THE 2ND PETITIONER DATED 05/03/2026 BEFORE THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE RECEIPT DATED 05.03.2026 ISSUED TO THE FIRST PETITIONER FROM THE OFFICE OF THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE RECEIPT DATED 05.03.2026 ISSUED TO THE 2ND PETITIONER FROM THE OFFICE OF THE 3RD RESPONDENT.

Exhibit P7 JUDGMENT OF THIS HON'BLE COURT IN JOSE JOSEPH AND OTHER VS STATE OF KERALA & OTHERS, WP(C) NO. 29488 OF 2025 (2025:

KER :83923) DATED 5.11.2025.

Exhibit P8 TRUE COPY OF THE DISMISSAL PER PROCEEDINGS NO. DCPKD/2598/2026-D2 DATED 23.03.2026 ISSUED BY THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT ON THE REQUEST OF THE PETITIONERS, TO THE FIRST PETITIONER DATED 24.3.2026.

Exhibit P10 TRUE COPY OF THE RECEIPT ISSUED BY THE W.P.(C).Nos.8338, 8351, 8430 & 9419 of 2026

2026:KER:29459

4TH RESPONDENT TO THE 2ND PETITIONER DATED 24.3.2026.