Firearm surrender during elections must follow Election Commission guidelines; non-compliance warrants release.

JUDGMENT

The petitioner was in possession of two firearms and was directed to surrender the same as per the order issued by the 4^th respondent. The petitioner surrendered one firearm before the 4^th 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 3^rd respondent, the same is in safe custody.

2. The petitioner submits that the direction issued by the 4^th 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 2^nd respondent.

4. It is not disputed that the surrender of the firearms was not in consonance with the procedure laid down in Ext.P2. Hence there will be a direction to the 4^th respondent to release the firearm to the petitioner and issue appropriate directions to the armory where the other firearm is deposited to release the same to the petitioner on 11.04.2026.

The writ petition is disposed of as above.