SULTAN THOMAS OOMMEN Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioners who are husband and wife respectively, seeking to quash Ext.P2 order passed by the Screening Committee constituted as per Ext.P1 notification issued by the Election Commission of India dated 01.09.2009, refusing the exemption sought for by the petitioners from surrendering the licensed arms held by them during the election period. The reason assigned in Ext.P2 is that the licences were secured by the petitioners on personal grounds, and in order to ensure the maintenance of law and order essential for the conduct of free and fair election, the surrender of arms is a necessary requirement. The application submitted by the petitioners were examined in detail, and it was found that there are no serious concerns for exemption. As per Sec.17(b) of the Arms Act, 1959 [in short, 'the Act, 1959'], the licensing authority, if deems it necessary for the security of the public peace or for public safety, can suspend the licence for a particular period. However, the applicant has stated in his request that he and his parents have already been provided with Police protection, due to certain threat posed by the workers and hence the issue of personal security is not existing, and therefore, the request made by the petitioners were rejected.

(2.) I have heard the 1st petitioner, appearing in person, learned Government Pleader and the learned Standing Counsel appearing for the Election Commission of India, and perused the pleadings and the documents on record.

(3.) The sole question to be considered is, whether any manner of interference is warranted to Ext.P2 order passed by the Screening Committee headed by the District Collector, Kozhikode. The power was exercised by the Committee consequent to the constitution of the Committee as per the provisions of Ext.P1 notification issued by the Election Commission of India, dated 01.09.2009. As per clause 3.10 of the said notification, deposit of Licensed Arms is stipulated, however, subject to the conditions contained thereunder. It states that, immediately after the announcement of elections, the District Magistrates shall make a detailed and individual review and assessment, in accordance with the prevalent State laws, of all licence holders so that licensed arms in those cases where they consider it essential are impounded in order to ensure maintenance of law and order so essential for ensuring free and fair elections. The arms should be deposited with the district authorities, and among the cases which may need to be reviewed are: