GOVIND ALIAS BHAI GANESH TILVE Vs. VIKRAM KUMAR

JUDGEMENT

(1.) Rule. The respondents waive service. By consent of the parties, Rule is made returnable forthwith.

(2.) The petitioner claims to be a social worker. He has agricultural lands at Kolgaon, Taluka Sawantwadi, District Sindhudurg. The petitioner has an arms licence issued by the District Magistrate, Sindhudurg, who is respondent 1 herein. The said licence is renewed upto 31/12/2011. The said licence has been granted for the protection of the petitioners agricultural lands.

(3.) The petitioner received notice dated 17/3/2009 issued by the 1st respondent. The notice stated that the Police Superintendent Sindhudurg had brought to the notice of the 1st respondent that Election Commission has declared election programme for parliamentary elections and, therefore, it is necessary to pass order under Section 144 of the Criminal Procedure Code (the Code) directing that persons who have arms licence should not be allowed to possess or move around with arms during the elections to ensure that fearless atmosphere is created during 1st elections. The notice further stated that the respondent is also of the confirmed opinion that it is necessary to restrain arms licence holders from possessing and carrying arms during parliamentary elections to prevent attempt to create fear in the minds of the voters by use of arms through personal and political feuds and to ensure that elections take place in peaceful, fearless and just atmosphere so that people exercise their right to vote fearlessly. The notice further stated that in the circumstances order under Section 144 of the Code is issued banning arms licence holders from possessing or moving around with arms between 1/4/2009 to 23/5/2009. The notice directed all arms licence holders in Sindhudurg to surrender their arms at the nearest police station on or before 1/4/09. In this petition the petitioner has challenged the said notice (impugned notice for convenience).