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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
SHIBU T C – Appellant
Versus
ELECTION COMMISSION OF INDIA – Respondent
| Table of Content |
|---|
| 1. petitioner surrendered firearms per police order. (Para 1) |
| 2. surrender violated election commission circular. (Para 2) |
| 3. non-compliance with procedure mandates firearm release. (Para 3 , 4) |
JUDGMENT
The petitioner was in possession of two firearms and was directed to surrender the same as per the order issued by the 4th respondent. The petitioner surrendered one firearm before the 4th respondent, as evidenced by Ext.P6 proceedings. As regards the other firearm, the same was already deposited in an armoury, as evidenced by Ext.P5, and as per the direction of the 3rd respondent, the same is in safe custody.
2. The petitioner submits that the direction issued by the 4th respondent is in violation of Ext.P2 circular issued by the Election Commission of India. The petitioner further submitted that in similar circumstances, this Court interfered and issued directions to release the firearms to the petitioners therein in WP(C) No.10529/2026 and several other cases.
3. Heard the learned Government Pleader as well as the learned counsel appearing for the 2nd respondent.
4. It is not disputed that the surrender of the firearms was not in consonance with the procedure laid down
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