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2026 Supreme(Online)(Ker) 27028

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. Jayachandran, J
Satheesh M. – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.K.N.ABHILASH, SHRI.SUNIL NAIR PALAKKAT, SHRI.RISHI VARMA T.R., SHRI.RITHIK S.ANAND, SHRI.SREEJITH A., SMT.ALFIYA SHAMSUDHEEN, SRI.LIJI.J.VADAKEDOM, SHRI.ATHUL V. VADAKKEDOM, SHRI.AJAY BEN JOSE, SHRI.GEORGEKUTTY THOMAS, SMT.LAYA MARY JOSEPH
For the Respondents: GP-SRI.AJITH VISWANATHAN, SR.GP-SMT.DEEPA NARAYANAN, SHRI.M.AJAY, SHRI.DEEPU LAL MOHAN

Table of Content
1. impugned orders mandate arms surrender for elections. (Para 1)
2. orders violate election commission guidelines; set aside. (Para 2)
3. direct shos to return arms within two days. (Para 3)

JUDGMENT

The Orders impugned in these Writ Petitions are directions for the surrender of arms in connection with the Assembly elections.

2. This Court has already held in various judgments that the manner in which arms have been directed to be surrendered is not in accord with the guidelines issued by the Central Election Commission. The present impugned Orders are no exception and hence the same will stand set aside. However, a further discussion in this direction is avoided, since the elections are over.

3. In the circumstances, there will be a direction to concerned S.H.Os to return the respective arms to the respective petitioners within a period of two days from today.

The above direction will also equally operate in cases where the petitioners have surrendered their arms based on oral directions.

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