Licensed arms surrender during elections requires individual assessment per ECI guidelines; mechanical orders invalid.

JUDGMENT

The petitioners have approached this Court seeking a direction to respondents 7 and 8 to return the deposited licensed weapon belonging to the petitioners respectively, which were deposited vide Exts.P7 to P12 receipts, within a time limit to be fixed by this Court. The petitioners submit that the direction to surrender the licensed arms was without following the procedure as provided in Ext.P14 Circular issued by the Election Commission of India.

2. Heard the learned Government Pleader as well as the learned Counsel appearing for respondents 2 and 3.

As per Ext.P14, specific guidelines have been provided for deposit of the licensed arms. This Court in Kunhikannan N.P. v. State of Kerala [2026 KHC OnLine 1733] has considered a similar issue and taking into consideration Ext.P14 guidelines which required deliberation by the competent Authority on an individual basis, a review and an assessment, before passing an order calling upon the licence holders to surrender their arms, directed release of the said fire arms to the petitioners therein, since the procedure under Ext.P14 has not been complied with.

Taking into consideration the above facts and circumstances, I am inclined to dispose of the writ petition with a direction to respondents 7 and 8 to return the fire arms to the petitioners, after