Tanisha Rana
Published on: November 2, 2022 at 21:42 IST
The Bombay High Court gave hotels and liquor stores in Andheri (East) a slight leeway on Wednesday, allowing them to sell liquor on November 6—the day of the bye-elections—after the announcement of election results or after 6 pm, whichever comes first.
A decision to that effect was made today by a division bench of Justices NR Borkar and Kamal Khata.
The Indian Hotel and Restaurant Association and the Association of Progressive Retail Liquor Vendors both filed petitions in support of the order.
The State Excise Department’s October 18 notification was challenged by the petitioners.
The notification forbade the sale of liquor starting 48 hours before election day in the area where voting is scheduled.
In essence, the ban would go into effect on November 1 and last until election day on November 3, when ballots will be cast.
Additionally, the ban would be in effect on November 6, the day of the vote count, for the entire day.
The petitioner association’s attorney, Advocate RD Soni, made the case that the prohibition on liquor does not have to last the entire day when voting is taking place.
On Monday, a co-ordinate vacation bench requested information from the State regarding the prohibition on the sale of liquor after 6 o’clock.
Milind More, Additional Government Pleader, informed the bench that several courts around the nation have approved the selling of alcohol after 6 o’clock in specific cases.
He further emphasised that the Excise Department issued the “dry-day” notification in accordance with the Representation of People Act and the Election Commission of India’s rules.
An Excise Department officer testified in court on Wednesday that the sale of alcoholic beverages may be allowed on the counting day after the results are announced or by 6 pm, whichever comes first.
The High Court amended the State’s notification after taking this statement into consideration.
Soni received a briefing from Wadia Ghandy & Co. advocate Sameer Pandit.
