The Hindu : SC rejects plea against ban on lotteries in T.N.

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Saturday, Feb 08, 2003

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SC rejects plea against ban on lotteries in T.N.

By Our Legal Correspondent

NEW DELHI Feb. 7. The Supreme Court today dismissed in limine three special leave petitions filed by Mizoram and two others challenging a Madras High Court judgment upholding the Tamil Nadu Government's order banning all lotteries in the State.

A Bench, comprising Justice S. Rajendra Babu, Justice D. M. Dharmadhikari and Justice G.P. Mathur, rejected the petitioners' contention that Tamil Nadu had no legislative competence to enact a law banning the entry of State-operated lotteries and that only the Centre had such powers.

Appearing for Mizoram, senior counsel, Harish Salve, said that most of the north-eastern States were dependent to a large extent on the revenue generated from the lotteries operated by them.

Though gambling and betting, part of the State List in the Constitution, could be regulated by State legislation, the same did not apply to the State-operated lotteries as the subject fell squarely in the Union List. He said that by enacting the law, Tamil Nadu had encroached upon the Union List and the same could be termed as a "colourable exercise of legislating power.''

The Bench, however, pointed out that Tamil Nadu had banned all types of lotteries, including those operated by it, and dismissed the special leave petitions.

In its SLP against the January 24 High Court judgment, Mizoram submitted that the G.O. passed by the Tamil Nadu Government on January 8, banning all lotteries in the State, was unconstitutional and invalid as it was contrary to the decision of the Supreme Court's Constitution Bench in the Haryana vs. Suman Enterprises case.

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