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2026 Supreme(Online)(Ker) 24130

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
REGHU C K – Appellant
Versus
ELECTION COMMISSION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.ASWINI SANKAR R.S., SRI.P.YADHU KUMAR, SMT.ASWATHY MENON, SMT.SIMMY JOSEPH, SHRI.SAJI KURIACHAN, SRI.M.R.NANDAKUMAR, 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, SRI.P.YADHU KUMAR, SMT.ASWINI SANKAR R.S., SMT.ASWATHY MENON, SMT.SIMMY JOSEPH
For the Respondents: SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER, SRI.M.AJAY, SC, ELECTION COMMISSION OF INDIA, SRI.DEEPU LAL MOHAN, SC, STATE DELIMITATION COMMISSION, SRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA, SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER, SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA, SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER, SRI.M.AJAY, SC, ELECTION COMMISSION OF INDIA, SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER, SRI.M.AJAY, SC, ELECTION COMMISSION OF INDIA

Table of Content
1. background of arms surrender orders under election guidelines. (Para 1 , 2)
2. impounded arms orders quashed for lacking individual assessment. (Para 3)
3. oral sho directions invalid; written orders required. (Para 4)

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 Commission of India, which has been produced at Ext.P2 in W.P.(C).No.9419/2026. This Court held that, what is contemplated v

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