1. Petitioner is conferred with Ext.P1 arms licence valid up to 11.10.2021 by the Arms Licence Issuance Authority under the provisions of the Arms Act, and the Rules, whereby petitioner is holding a single barrel breach loading gun and .22 Bore Pistol. The grievance of the petitioner is in respect of Ext.P7 notice issued by the 3rd respondent, directing the petitioner to deposit the arms and secure necessary receipts from the Police Station. It is thus challenging Ext.P7, this writ petition is filed.

2. The case projected by the petitioner is that, petitioner is an active life member of Kottayam District Rifle Association, evident from Ext.P2 certificate issued. By Exts.P3 to P6, the competent statutory authorities have exempted the members of the Rifle Association of various levels from depositing arms and ammunition during the time of General Elections. However, the 3rd respondent has neglected those orders and circulars and has issued Ext.P7, directing to deposit the arms. Therefore, according to the petitioner, Ext.P7 notice issued by the 3rd respondent is arbitrary and illegal, liable to be interfered with by this Court by exercising the discretionary power conferred under Article 226 of the Constitution of India.

3. The 4th respondent i.e., the Chief Election Commissioner of India has filed a detailed statement, virtually supporting the contention advanced by the petitioner against Ext.P7, consequent to Ext.R4(a) notification issued by the Election Commission of India dated 01.09.2009, which is remaining in force. It is pointed out that, the deposit of licensed arms are taken care of under clauses 3.10 to 3.13 of Ext.R4(a) notification, which read thus:

“3.10 Immediately after the announcement of elections, District Magistrates shall make a detailed and individual review and assessment (in accordance with the prevalent State laws) of all licence holders so that licensed arms in those cases where they consider it essential are impounded in order to ensure maintenance of law and order so essential for ensuring free and fair elections. These arms should be deposited with the district authorities. Among cases which may need to be reviewed are the following:

(a) Arms licenses of persons released on bail,

(b) Arms licenses of persons having a history of criminal offences, and

(c) Arms licenses of persons previously involved in rioting at any time but especially during the election period. The above categories are only illustrative and not exhaustive.

3.11 As per the above-referred guidelines laid down by the Bombay High Court, for such review and assessment of all licence holders;

(a) There shall be a Screening Committee in every District and in every Commissionerate area. In the District, the Screening Committee shall consist of the District Magistrate and the Superintendent of Police. In the Commissionerate area, it shall consist of the Commissioner of Police (Admn.) and Joint/Additional Commissioner of Police (Admn.).

(b) The Screening Committee shall commence the work of screening from the day of announcement of election by the Election Commission and it shall complete the exercise of screening in respect of licences placed before it as far as possible before the date of issue of notification of elections.

(c) Cases of all licence holders as mentioned in para 3.10 above shall be placed before the Screening Committee.

(d) On receipt of report from the Screening Committee, the licensing authority shall issue notice before the last date fixed for withdrawal of candidature to the individual licence holder for depositing his arms and inform the licence holder that failure to deposit the arms as directed would result in prosecution under Section 188 of the I.P.C as stated in clause 3.11(g).

(e) The licence holder thereafter shall deposit his arms forthwith and in any case within a period of seven days from the date of receipt of the notice. The Licensing Authority shall give proper receipt to the licence holder.

(f) The decision ta