K.A. JOSEPH Vs. DISTRICT COLLECTOR, COLLECTORATE

JUDGEMENT

(1.) Petitioner is conferred with Ext.P1 arms licence valid up to 11.10.2021 by the Arms Licence Issuance Authority under the provisions of the Arms Act, and the Rules, whereby petitioner is holding a single barrel breach loading gun and .22 Bore Pistol. The grievance of the petitioner is in respect of Ext.P7 notice issued by the 3rd respondent, directing the petitioner to deposit the arms and secure necessary receipts from the Police Station. It is thus challenging Ext.P7, this writ petition is filed.

(2.) The case projected by the petitioner is that, petitioner is an active life member of Kottayam District Rifle Association, evident from Ext.P2 certificate issued. By Exts.P3 to P6, the competent statutory authorities have exempted the members of the Rifle Association of various levels from depositing arms and ammunition during the time of General Elections. However, the 3rd respondent has neglected those orders and circulars and has issued Ext.P7, directing to deposit the arms. Therefore, according to the petitioner, Ext.P7 notice issued by the 3rd respondent is arbitrary and illegal, liable to be interfered with by this Court by exercising the discretionary power conferred under Art. 226 of the Constitution of India.

(3.) The 4th respondent i.e., the Chief Election Commissioner of India has filed a detailed statement, virtually supporting the contention advanced by the petitioner against Ext.P7, consequent to Ext.R4(a) notification issued by the Election Commission of India dated 01.09.2009, which is remaining in force. It is pointed out that, the deposit of licensed arms are taken care of under clauses 3.10 to 3.13 of Ext.R4(a) notification, which read thus: