Bombay HC Lifts Ban on Liquor Sales in Mumbai on June 4, Allows Sale After Declaration of Election Results

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Synopsis

This decision arose from two petitions filed by the Association of Owners of Hotels And Restaurants (AHAR), challenging the orders from the Mumbai city and suburban collectors that had mandated a dry day on the said date

The Bombay High Court on Friday lifted a ban on the sale of alcohol on June 4 due to the parliamentary elections, ruling that hotels and liquor stores in Mumbai could sell alcohol on the day votes are counted for the Lok Sabha elections, following the announcement of the general election results.

A vacation bench of Justice N.R. Borkar and Justice Somasekhar Sundaresan, with its decision, has overturned a previous mandate designating June 4 as a 'dry day'. This decision arose from two petitions filed by the Association of Owners of Hotels And Restaurants (AHAR), challenging the orders from the Mumbai city and suburban collectors that had mandated a dry day on the said date.

The High Court ruled in favour of AHAR, stating that the collectors' orders essentially banned liquor sales for the entire day, despite the vote counting likely concluding by the afternoon and results being announced shortly thereafter.

The petitioners had initially requested the collectors to reconsider the dry day order but were informed that it was based on directives from the Election Commission of India (ECI). According to ECI guidelines, liquor sales are prohibited starting 48 hours before voting day and on the day of vote counting.

AHAR argued that shutting down authorised liquor outlets leads to a surge in illegal liquor sales, resulting in significant profits for illicit businesses. They sought a modification of the restrictive orders.

The bench raised concerns about inconsistencies between the actions of different collectors, noting that media coverage and premature victory celebrations by liquor vendors could cause confusion. Additional government pleader Jyoti Chavan urged the court to ensure consistency with previous decisions to prevent such issues.

Ultimately, the court decided to lift the ban on liquor sales in Mumbai after the election results are declared, ensuring parity and addressing the petitioners' concerns about illegal liquor trade.

 

(With inputs from PTI)