• Exemption from deposit of arms during election

Sir/madam,i am a member of rifle club affiliated to national rifle association of india.as per election commission notice,rifle club members are exempted from deposit of arms during election.but our district collector did not accept our exemption and forced us to deposit of arms.we had approached the High court,which directed the collector to give appropriate orders considering election commissions exemption.the collector gave orders to surrender the weapons.
i need advise.thank you
Asked 3 years ago in Constitutional Law from Dharmapuri, Tamil Nadu
you can challenge the said order of collector as it is contrary to election commission notice
Ajay Sethi
Advocate, Mumbai
37669 Answers
2114 Consultations

5.0 on 5.0

You may again challenge the orders of collector before the High Court.
Ashish Davessar
Advocate, Jaipur
21674 Answers
589 Consultations

5.0 on 5.0

In the alternative you may move to SC.
Ashish Davessar
Advocate, Jaipur
21674 Answers
589 Consultations

5.0 on 5.0

1) it is better you move HC only . your earlier writ petition was filed in HC wherein orders were passed directing collector to give a reasoned order 

2) filing WP in SC would be far more expensive proposition .
Ajay Sethi
Advocate, Mumbai
37669 Answers
2114 Consultations

5.0 on 5.0

if your writ is pending in HC how can you move Sc now ? it is only when HC dismisses your writ that you can move SC .
Ajay Sethi
Advocate, Mumbai
37669 Answers
2114 Consultations

5.0 on 5.0

Moving to SC will be costly in terms of lawyers legal fee. So it is suggested you move to HC whereby HC will finally decide whether the order of collector is lawful or not.
Ashish Davessar
Advocate, Jaipur
21674 Answers
589 Consultations

5.0 on 5.0

If the case is already pending in HC then there is no way you can move to SC. Wait for the HC to pass its order. If the outcome is not in your favour then you may challenge it in SC.
Ashish Davessar
Advocate, Jaipur
21674 Answers
589 Consultations

5.0 on 5.0

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