A Division Bench of the High Court of Karnataka on Thursday stayed an interim order passed on February 14 by a single judge, who had restricted the period of liquor ban only for 18 hours each on the day of bypoll to the Legislative Council from Bengaluru Teachers’ constituency to be held on February 16 and on the day of counting of votes on February 20.
The Division Bench comprising Justice S. Somashekar and Justice Umesh M. Adiga passed the interim order on the appeals filed by the Deputy Commissioner (DC), Bengaluru urban district, and the Chief Electoral Officer-Karnataka of the Election Commission of India.
‘48 hours period’
“Section 135( c) of Representation of People Act, 1951, bars selling, giving, or distributing spiritous, fermented, or intoxicating liquors within polling area during the period of 48 hours ending with the hour fixed for the conclusion of the poll for any election in that polling area. The impugned interim order passed by the single judge has resulted in re-writing of the mandatory statutory provision,” it was contended in the appeals.
The single judge had said that the duration of ban on sale of liquor, prima facie, was “clearly excessive” and had “no nexus with an object of the ban”, which was to ensure that electorate is not influenced in any manner while pointing out that the total 16,063 voters in the current election were registered teachers, comprising 10,106 women and 5,592 men, and five are transgenders. The single judge had passed the interim order an a petition filed by Bruhat Bangalore Hotels’ Association and owners of a few bars and restaurants
The single judge’s order had reduced the total period of ban on the sale of liquor from 73 hours to 36 hours, and said that ban would be effective only from 6 a.m. to midnight on both February 16 and February 20.
