MUMBAI: Bombay high court has directed that ban on sale of liquor in two Lok Sabha constituencies in Raigad district will apply only to their polling areas. It also specified the duration of the ban including on the day of results.
Justice A S Chandurkar and Justice Jitendra Jain on Friday partially modified the Raigad district collector’s April 2 order and directed prohibition in Raigad constituency will operate in areas of Pen, Alibag, Shrivardhan and Mahad from 5 pm on May 5 till end of polling on May 7 and thereafter on June 4 until results are declared.Likewise in Maval constituency areas of Panvel, Karjat, and Uran, prohibition will operate from 5 pm on May 11 until end of polling on May 13 and on June 4 until declaration of results.
Navi Mumbai Hotel Owners Association challenged the collector’s order issued under Section 142 the Maharashtra Prohibition Act in respect of Maval and Raigad constituencies. It contended that the prohibition order is in respect of the entire district and violates Section 135 C of Representation of Peoples Act wherein sale of liquor is only prohibited in the polling area. The Association’s advocate R D Soni argued that the order is excessive and does not indicate the duration of prohibition. He urged the court to modify the collector’s order citing an October 2021 order of HC Aurangabad bench that such prohibition ought to operate only till the time the polling is completed.
State’s advocate N C Walimbe submitted that the collector’s order was passed in exercise of powers conferred under Section 142 of Maharashtra Prohibition Act and there was no reason to interfere with it. However, the judges agreed with Soni and opined that the order “operates far beyond the area of what is contemplated under Section 135 C.” The prohibition prescribed under Section 135-C is only for the polling area and not beyond it. It is true that Section 142 of the Act 1949 empowers the collector to shut down establishments selling intoxicants, in the current scenario, this authority should be guided by Section 135C… This is for the reason that the power under Section 142 … is being exercised in the present case only in view of the parliamentary elections, “ the judges explained. They also added that the HC Aurangabad bench “has already held that beyond polling hours, such prohibition cannot operate.”
Justice A S Chandurkar and Justice Jitendra Jain on Friday partially modified the Raigad district collector’s April 2 order and directed prohibition in Raigad constituency will operate in areas of Pen, Alibag, Shrivardhan and Mahad from 5 pm on May 5 till end of polling on May 7 and thereafter on June 4 until results are declared.Likewise in Maval constituency areas of Panvel, Karjat, and Uran, prohibition will operate from 5 pm on May 11 until end of polling on May 13 and on June 4 until declaration of results.
Navi Mumbai Hotel Owners Association challenged the collector’s order issued under Section 142 the Maharashtra Prohibition Act in respect of Maval and Raigad constituencies. It contended that the prohibition order is in respect of the entire district and violates Section 135 C of Representation of Peoples Act wherein sale of liquor is only prohibited in the polling area. The Association’s advocate R D Soni argued that the order is excessive and does not indicate the duration of prohibition. He urged the court to modify the collector’s order citing an October 2021 order of HC Aurangabad bench that such prohibition ought to operate only till the time the polling is completed.
State’s advocate N C Walimbe submitted that the collector’s order was passed in exercise of powers conferred under Section 142 of Maharashtra Prohibition Act and there was no reason to interfere with it. However, the judges agreed with Soni and opined that the order “operates far beyond the area of what is contemplated under Section 135 C.” The prohibition prescribed under Section 135-C is only for the polling area and not beyond it. It is true that Section 142 of the Act 1949 empowers the collector to shut down establishments selling intoxicants, in the current scenario, this authority should be guided by Section 135C… This is for the reason that the power under Section 142 … is being exercised in the present case only in view of the parliamentary elections, “ the judges explained. They also added that the HC Aurangabad bench “has already held that beyond polling hours, such prohibition cannot operate.”
Credit: Source link