Not a dry day: Bombay HC permits liquor sale in Mumbai after declaration of Lok Sabha election results on June 4

The petitioner organisation through advocate Veena Thadani claimed that they had approached the collectors and urged them to review their decision. However, as per the petitioner, they were informed that the decision was based on directions of the Election Commission of India (ECI) and therefore could not be changed. As per the ECI directions, sale of liquor is prohibited and dry day is declared 48 hours before voting day and on the day of counting.

The petitioner claimed that whenever authorised outlets for sale of liquor are shut, illegal businesses thrive, which make huge profits through illegal sale, therefore the impugned orders be modified.

On Friday, Additional Government Pleader Jyoti Chavan appearing for the state submitted that Mumbai suburban district collector has already modified his order, therefore one of the pleas has become infructuous, which the court accepted and disposed of the plea. Chavan said, however, Mumbai city collector has not yet done so as it was passed pursuant to communication of the ECI.

“One collector is modifying, the other is not. They (people) can go to the suburbs and drink? The other collector has to take a call…there has to be parity,” the bench orally remarked.

Chavan claimed that there will be confusion as the coverage of results takes place on television channels and the liquor sellers will claim they have been declared without waiting for election officers to officially declare the same, therefore the court may pass an order based on the previous decision.

The bench noted that earlier this month on May 3, the High Court had directed prohibition of sale, consumption and distribution of liquor in Raigad district on the counting day only until declaration of the results.

“In line with the aforesaid order (May 3), it would only be appropriate to direct Mumbai suburban district collector that as far as alcohol sale restriction will cease to have effect after declaration of results,” the bench noted in its order.