Bypoll Effect: HC permits booze after 6 pm on November 6

As per notification, the sale of liquor within the Andheri (East) constituency area for which bypolls have been prohibited 48 hours prior from the voting day. The prohibition period began from November 1 and would continue till November 3, the date of polling

Mumbai The Bombay High Court on Wednesday allowed the petition of Association hotels and restaurants after the government consented to liquor sale in Andheri (East) post 6 pm or after declaration of bypoll results on November 6.

Bombay High Court at in Fort (Anshuman Poyrekar/HT PHOTO)

The State Government on Wednesday submitted before the high court that sale of liquor may be permitted on counting day after results or declared or by 6 pm, whichever is earlier on the counting day of upcoming bypolls.

Accepting the submission, a vacation bench of justice Nitin Borkar and justice Kamal Khata allowed petition filed by the association and ordered modification in the government notification.

The Indian Hotel and Restaurant Association (popularly known as AHAR) as well as Association of Progressive Retail Liquor Vendors challenged a notification issued by the state Excise Department on October 18.

As per notification, the sale of liquor within the Andheri (East) constituency area for which bypolls have been prohibited 48 hours prior from the voting day. The prohibition period began from November 1 and would continue till November 3, the date of polling. The notification also prohibited sale of liquor on November 6, when the votes will be counted.

The petition was first heard on Monday by another bench which asked the state to clarify as to why sale of liquor cannot take place after 6 pm on November 6.

On Wednesday, when the petition was called for argument, advocate R D Soni for AHAR submitted that the prohibition on sale of liquor on the entire counting day was arbitrary and unnecessary and the circular should be modified.

In response to this, additional government pleader (AGP) Milind More for the state submitted that the court on previous occasions had allowed sale of alcohol post 6 pm on counting day in specific cases. However, justifying the notification issued by the department he said that it was issued in compliance with Rules stipulated by the Election Commission of India and provisions of the Representation of the People’s Act.

In the meantime, when asked by the court the official from the state excise department made a statement in court that sale of liquor could be permitted on the counting day in Andheri (East) after results are declared or by 6 pm, whichever is earlier. The bench took the statement on record and modified the state’s notification and disposed of the petitions.