ASHOK KUMAR DIXIT Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition has been placed before this Bench by the order dated 29-3-2007 of Hon'ble the Chief Justice.

(2.) WE have heard Shri R. P. Dwivedi, learned Counsel for the petitioner, learned Government Advocate, learned A. G. A. and Shri B. N. Singh, learned Counsel for the Election Commission of India.

(3.) IN a recent decision passed in writ petition No. 14434 of 2007, Uma Kant Yadav v. State of U. P. through Chief Secretary, Government of U. P. & Ors. , and other connected petitions decided on 23-3- 2007 a mandamus has been issued to the Station House Officers not to compel the petitioners to deposit their fire arms in pursuance of a directions of the District Magistrate, Allahabad dated 6-3-2007. It is further mentioned that the said direction was to apply not only to the present election but for all elections. IN our opinion it would be wrong to construe the order in the case of Uma Kant Yadav (supra) to mean that in no case can the District Magistrate direct deposit of fire arms during election times. Even in the said judgment. Justice Tarun Agarwala had noted that after objective assessment in individual cases and in accordance with the State Government's Order dated 11-2-2007 if there is possibility of misuse of a weapon an appropriate order in writing can be passed by the competent authority for the deposit of fire arms.