Bombay High Court Upholds Full Liquor Ban During Civic Polls
The Bombay High Court firmly rejected a plea from liquor vendors on Tuesday. The vendors wanted to limit the ban on alcohol sales to just Thursday, the day of Mumbai's civic polls. Justices Ravindra Ghuge and Abhay Mantri declined this request. They emphasized that existing state rules clearly mandate the prohibition.
Court Cites Established State Regulations
The bench pointed directly to the Maharashtra Foreign Liquor Rules and the Maharashtra Country Liquor Rules. These regulations grant authorities the power to ban liquor sales. The ban applies on the day before polling, the polling day itself, and the day when vote counting concludes. The judges stated this legal aspect cannot be simply ignored. They refused to grant any interim relief to the petitioners.
Vendors Argue Against Prolonged Ban
The Association of Progressive Retail Liquor Vendors brought the challenge forward. Their lawyer, Advocate Suresh Sabrad, argued in court. He claimed that a ban lasting two and a half days would cause significant and irreparable harm to their businesses. The vendors contended that such a lengthy restriction was unreasonable.
They specifically argued that a ban could only be justified on the actual polling day itself. The state government, represented by Advocate Priyanka Chavan, presented its position. She noted that the vote counting on Friday would likely conclude within two to three hours. Consequently, the ban would be lifted immediately after the results are officially declared.
Judicial Reasoning and Next Steps
The High Court judges made a key observation about the legal challenge. They stated that a rule can only be scrutinized if it is found to be arbitrary. The rule must also create undue fetters on commercial activity and the right to profession and business. The court has now issued a formal notice to the Maharashtra state government. This notice requires the state to respond to the association's petition.
The court's decision underscores the precedence of election regulations over commercial concerns during the sensitive polling period. The matter will proceed as the state prepares its formal reply to the court's notice.
