Three days ahead of the Brihanmumbai Municipal Corporation polls, the Bombay High Court on Friday reduced the one-and-half-day liquor ban in Mumbai, Thane, Nashik, Alibag and other cities where municipal polls will be held on February 21. The court lifted the ban on liquor on February 19 and evening of February 23.
A Division Bench of Justice V.M. Kanade and Justice P.R. Bora was hearing a petition filed by the Hotel Owners’ Associations, the Maharashtra Wine Merchants Association, and the Indian Hotel and Restaurant Association.
The petitioners said they were aggrieved by the circular issued by the Thane Collector on January 24. The petition said the circular was contrary to the Maharashtra Foreign Liquor (Sale on Cash, Regis of Sales) Rules, 1969 and it infringes on their right to livelihood.
The State department justified the ban stating it has powers to do so under the provisions of the Representation of the People Act, 1951. The advocate appearing for the petitioner however said that those provisions are not applicable to local elections and they are applicable only to Lok Sabha and Assembly elections.
The court set aside the circular that imposes ban on sale of liquor on February 19 from evening. The court said we are of the view that it not necessary to impose a ban on sale of liquor after results are declared. Since the counting is made electronically and the results are declared by afternoon, it is not necessary to impose the ban for the entire day.
