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2026 Supreme(Online)(Ker) 25500

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
Sam Sebastian – Appellant
Versus
Election Commission of India – Respondent


Advocates:
For the Appellants/Petitioners: SRI.MATHEW DEVASSI, SHRI.A.C.DEVASIA, SMT.ANCY MATHEW
For the Respondents: SRI. K.P. HARISH SENIOR G.P., SRI.M. AJAY, SC, ELECTION COMMISSION OF INDIA

This intra-court appeal is filed by the petitioners in the writ petition aggrieved by the rejection of the request for return of licenced arms surrendered on oral instructions of respondent Nos.6 to

13.

2. Petitioners are holders of Arms licences issued under the Arms Act . They approached this Court aggrieved by the action of respondent Nos.6 to 13, requiring the petitioners to surrender their guns in connection with the upcoming Assembly Elections, 2026.

4. Ext.P3 is the consolidated instructions issued by the Election Commission of India which contain provisions relating to deposit of licenced arms. Clause (F) thereof provides the procedure to be followed while considering whether the Arms held by licenced persons are liable to be impounded or not. Admittedly, such procedure has not been complied with in the case of the petitioners.

5. We are of the opinion that, the District Collector of the respective Districts, who is the Chairman of the Screening Committee mentioned in Ext.P3, shall cause review and assessment as instructed in Ext.P3, after putting the petitioners on notice and decide whether the Arms are to be impounded or not.

In the light of the above, it is ordered that th

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