Bombay HC Lifts Mumbai Liquor Ban After Lok Sabha Election Results Announcement

Bombay HC Lifts Mumbai Liquor Ban After Lok Sabha Election Results Announcement

On Friday, the Bombay High Court clarified that the ban on alcohol sales in Mumbai, scheduled for June 4 during the Lok Sabha election vote counting, will be lifted once the results are announced.

Justices Nitin Borkar and Somasekhar Sundaresan, presiding over a vacation bench, altered the previous directives issued by the Mumbai City and Mumbai Suburban District Collectors, which had enforced a complete prohibition on that day.

The Indian Hotel And Restaurant Association (AHAR) lodged two petitions contesting the directives issued by the Mumbai city and suburban collectors. They argued that the ban on alcohol sales was enforced for the entirety of June 4, 2024, despite the anticipation that the vote counting and result declaration would conclude by the afternoon.

Advocate Veena Thadani, representing AHAR, contended that the orders issued by the collectors were excessively stringent and inadvertently encouraged the growth of illicit liquor trade, exploiting the vacuum created by such bans. Thadani emphasized that AHAR had previously requested the collectors to reconsider their stance, only to be informed that the prohibition stemmed from a directive by the Election Commission of India (ECI). This directive mandates a dry day 48 hours prior to voting and on the day of vote counting.

Additional Government Pleader Jyoti Chavan apprised the court that the Mumbai Suburban district collector had already adjusted the order, restricting the ban solely until the announcement of the results, rendering one of the petitions moot. However, Chavan noted that the Mumbai city collector had not amended the prohibition order.

The court raised concerns about the lack of uniformity and the disparity in actions between the two collectors, stressing the necessity for consistency across all areas.

Chavan contended that permitting liquor sales based on media reports of election results might induce confusion, as liquor vendors could prematurely assume the results as official. However, the court referenced a previous order it had issued on May 3, 2024, concerning Raigad district, wherein it stipulated that the sale of liquor would be prohibited until the declaration of election results on June 4, 2024. The bench deemed it fitting to extend this ruling to Mumbai as well.

 

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