Clarifying Liquor Prohibition: Court Modifies Order Ahead of Elections in Raigad.


03 May 2024 Elections Law >> Constitution & Law Procedure  

In a significant ruling, the Bombay High Court addressed a Writ Petition challenging the Collector's order that imposed a blanket prohibition on liquor sales across the Raigad District in anticipation of the upcoming parliamentary elections. The order, dated April 2, 2024, was issued under Section 142 of the Maharashtra Prohibition Act, 1949, aimed at regulating alcohol sales during the electoral process.

The petitioners argued that the Collector's order unjustly extended the prohibition beyond what is mandated by Section 135-C of the Representation of the People Act, 1951. This section specifies that liquor sales should only be prohibited in the polling areas, not the entire district. The petitioners highlighted that Raigad encompasses two Lok Sabha constituencies: Maval and Raigad, which in turn include various Vidhan Sabha constituencies.

 
 

Counsel for the petitioners contended that the order's sweeping nature was excessive, asserting that the prohibition should only be applicable in designated polling areas and only for the duration of the voting process. They referenced a previous ruling from the Aurangabad Bench that limited such prohibitions to the period surrounding the polls.

On the other hand, the Additional Government Pleader defended the Collector's decision, arguing that the powers granted under Section 142 of the Act of 1949 were appropriate in this context.

After reviewing the arguments, the court concluded that the Collector's order exceeded the boundaries established by Section 135-C of the 1951 Act. The judges clarified that while the Collector possesses the authority to regulate alcohol sales, such powers must align with electoral guidelines. They emphasized that prohibitions should only apply to specific polling areas during the election.

As a result, the court partially modified the Collector's order. The prohibition on liquor sales in the Raigad Lok Sabha constituency will now be limited to the Vidhan Sabha constituencies of Pen, Alibagh, Shrivardhan, and Mahad from 5:00 p.m. on May 5, 2024, until the end of polling on May 7, 2024, and again on June 4, 2024, until the results are declared. Similarly, for the Maval Lok Sabha constituency, the prohibition will be in effect from 5:00 p.m. on May 11, 2024, until the end of polling on May 13, 2024, and again on June 4, 2024.

The court’s ruling ensures that while the government maintains its regulatory powers, it also respects the legal provisions aimed at protecting the electoral process. The decision was made absolute with no order as to costs, allowing the parties to proceed based on an authenticated copy of the ruling.

  Representation of People (Amendment) Act, 1951