Andheri (East) Bypoll: Bombay High Court Allows Sale Of Liquor On Day Of Counting Of Votes
A division bench allowed the sale of liquor on the date of counting of votes of bypoll after the Additional Government Pleader informed the court that such sale could be allowed.
A Division Bench of Bombay High Court comprising Justice N.R Borkar and Justice Kamal Khata has allowed the sale of liquor on the day of the counting of votes of the Andheri (East) Bypoll Elections after 6 PM.
A Petition was filed by the Indian Hotel and Restaurant Association and the Association of Progressive Retail Liquor Vendors to set aside the order of Collector of State Excise on the grounds that they are contrary to the extant provisions of law including the Maharashtra Prohibition Act, 1949 and the Rules made thereunder. It also stated that it is ultra vires to Foreign Liquor Rules and Cash Register Rules.
The petitioners claimed that the respondents cannot simultaneously apply the provisions of the Representation of Peoples Act, which is a central legislation, and the Rules made under the Maharashtra Prohibition Act, 1949 in respect of the same elections.
The counsel for the petitioners argued that prohibiting or restraining the petitioners from carrying on their business on the date counting of votes would not be contemplated within the provisions of Section 135(C) of the Representation of Peoples Act.
When the matter was taken up on Tuesday again, the Additional Government Pleader submitted before the court that restrictions imposed by the order impugned would operate till the declaration of results or 6.00 p.m. on 06.11.2022, whichever is earlier.
The court accepted the Additional Government Pleader’s stand and allowed the sale of liquor after 6 PM on the day of the counting of votes of bypoll elections in Andheri East.
The High Court placed the matter before the regular bench for a final hearing.
Case Title: Indian Hotel & Restaurant Association vs The Collector, State Excise, Maharashtra & Anr.