Election Commission arms surrender guidelines require individual assessment and written satisfaction; oral directions invalid; impugned orders quashed.

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 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.

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.