Judgment establishes the requirement for individual review before impounding arms to ensure adherence to law and order during elections.

JUDGMENT Petitioners are aggrieved by an oral direction alleged to have been given by the 4^th respondent to surrender their pistol in connection with the ensuing election. Ext.P4 is the guidelines issued by the Election Commission of India. Petitioners’ allegation is that it is based on Ext.P4 that such oral direction has been given by the 4^th Respondent –

S.H.O.

2. In ordinary circumstances, this Court would not have taken any action based on the alleged oral direction, if any. However, cases have been filed before this Court, wherein written directions have been given to all the license holders to surrender their arms, except those cases that have been specifically excluded by the Screening Committee.

3. This Court has already granted reliefs in two connected Writ Petitions, namely W.P.(C).Nos.11913/2026 and 11762/2026, wherein it was noticed that, vide Clause F of Ext.P4 guidelines, the District Magistrates have to conduct a detailed and individual review and assessment, in accordance with the State laws, of all the license holders, so that the licensed arms “in those cases where they consider it essential are impounded in order to ensure maintenance of law and order and conduct of free and fair elections”. Therefore, the primary satisfaction to be arrived at by the District Magistrate, or for that matter by the Screening Committee, is that the impounding of the arm is necessary to ensure maintenance of law and order and for conduct of free and fair election. Such an exercise is not seen undertaken in the case of the petitioner from the available records and instructions. In connected cases, it was noticed that the duty/responsibility has been put on the shoulders of the license holders to show special reasons, as to why the impounding of their arms should be exempted. The procedure appears to be apparently in contravention of the requirements of Clause F.

4. In the circumstances, it is declared that the petitioner will not be under an obligation to surrender the arms, unless his case is specifically and individually reviewed and the authority arrives at a conclusion that impounding of the arms is necessary to ensure maintenance of law and order and the conduct of free and fair elections. In case any such satisfaction is arrived at, the same should be communicated by virtue of a separate order to the petitioner.

This Writ Petition will stand disposed of as above.