No relief for retailers: Bombay High Court refuses to stay 3-day liquor ban in Mumbai during high-stakes BMC polls

The court noted that it can consider, in due course, the petitioner’s challenge to the Rule concerned and decide “as to whether it is arbitrary and creates fetters on the commercial activity and right to profession and business.”

“No interim relief, in view of the discussion on the Rules in the aforesaid paragraphs,” the HC noted.

The plea also sought modification of the order to the extent that the ban on liquor sale shall apply only on the day of polling on January 15 and only till the closing of voting hours (7.30 am to 5.30 pm) and not beyond. Pending the hearing of the plea, the petitioner association sought a stay on the operation of the impugned order.

The plea also sought direction from the court to set aside the effect and application of Section 135-C of the Representation of the People’s Act, 1951, which prescribes a liquor ban during polls and sought a declaration that the relevant provision would not be applicable for the BMC elections.

Advocate Suresh Sabrad, representing the petitioner association, argued that the ban on liquor sales for two and a half days would cause irreparable harm to commercial establishments. He claimed there was no need to ban the sale of liquor on January 14, when there will be no campaigning or polling.

The court was informed that the collector concerned had on January 9 issued an order declaring no sale of liquor on a day prior to polling date (January 14), on the date of actual polling (January 15), and and for the period consumed for counting of votes and declaration of results on January 16 (from 10 am till the results are declared.)

Additional Government Pleader (AGP) Priyanka Chavan, appearing for the Maharashtra Government, on instructions from Manoj Chavan, Deputy Superintendent, Mumbai Suburban, that the results based on EVMs for wards with fewer voters be declared within 2 to 3 hours.

The government lawyer also submitted that, since the vote counting will not take more than 2 to 3 hours, the ban on liquor sales would be lifted on January 16 as soon as the results are declared.

The court also issued notice to the respondent authorities, and sought their affidavits in reply by February 10, and posted a further hearing to March 16.