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2026 Supreme(Online)(Ker) 21172

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
SAM SEBASTIAN – Appellant
Versus
ELECTION COMMISSION OF INDIA – Respondent
WP(C) NO. 9566 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.A.C.DEVASIA, SRI.MATHEW DEVASSI, SMT.ANCY MATHEW
For the Respondents: SRI. S. UNNIKRISHNAN, GP, SRI. M. AJAY SC FOR ELECTION COMMISSION OF INDIA, SRI.DEEPU LAL MOHAN, SC

The Court addresses the timing and procedure for considering firearm return petitions in relation to elections.

Headnote:The petitioners surrendered their firearms in light of the upcoming elections, preventing immediate return. They requested expedited consideration of their representations to authorities. Accordingly, the Court orders timely review and decision by responsible officials. The Court emphasizes a decision within one month from receipt of this judgment.

JUDGMENT

The petitioners have surrendered their firearms on being required to do so, in view of the upcoming elections to the Legislative Assembly. The Election Commission has already notified the election and hence the prayer for return of firearms cannot be considered at this stage. The petitioners have preferred representations before the 4th and 6th respondents, being the Chairman of the Screening Committee and seek an early disposal of the same. Ext.P5 is the receipt evidencing the fact that representations have been filed.

In the above circumstances, this writ petition is dispose of, directing the respondents 4 and 6 to consider and dispose of the representations submitted by the petitioners at the earliest, at any rate, within one month from the date of receipt of a copy of this judgment.

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