Ban On Liqour Sale In Raigad District To Operate On Specific Polling Dates For Its Two Lok Sabha Constituencies; No Ban On Entire District: Bombay High Court

Reiterating that the sale of liquor can be prohibited during elections only in polling areas, the Bombay High Court reduced the prohibition imposed in the entire Raigad district due to Lok Sabha elections in its two constituencies.

The ban will operate in Raigad constituency from May 5 to May 7 and in Maval constituency from May 11 to May 13.

A division bench of Justice AS Chandurkar and Justice Jitendra Jain was dealing with a writ petition challenging an order issued by the Collector (State Excise), Raigad, on April 2, 2024 imposing a prohibition on liquor sale in anticipation of the upcoming parliamentary elections.

The impugned order was passed under Section 142 of the Maharashtra Prohibition Act, 1949 prohibiting the operation of licenses issued under the Act in the entire Raigad District.

Raigad District has two Lok Sabha constituencies – Raigad and Maval. While polling is to be held on two different dates in the two constituencies, i.e., May 7, 2024 and May 13, 2024 respectively, the order banned liquor sale in both the constituencies on both polling dates, Advocate RD Soni for the petitioner told Live Law.

Finding this beyond the scope of Section 135-C of the Representation of People Act of 1951, the court partially modified the order. Thus, the ban on liquor sale in the Raigad Lok Sabha constituency (which includes Vidhan Sabha constituencies of Pen, Alibagh, Shrivardhan and Mahad), would only apply from 5:00 pm on May 5, 2024, until the end of polling on May 7, 2024.

Similarly, for the Maval Lok Sabha constituency (which includes Vidhan Sabha constituencies of Panvel, Karjat and Uran), the prohibition would be applicable from 5:00 pm on May 11, 2024, until the end of polling on May 13, 2024.

In both the constituencies, liquor sale will be banned on the date of declaration of result, i.e., on June 4, 2024, until the results are declared.

Navi Mumbai Hotel Owners Association, the petitioner, contended that the order exceeded the scope of Section 135-C of the Representation of the People Act, 1951 (RP Act). Section 135-C prohibits the sale of liquor within the polling area on the polling day. The petitioners argued that the prohibition should be limited in accordance with this provision.

The court held that the prohibition imposed by the impugned order extended beyond the limits specified in Section 135-C of the Act of 1951. While Section 142 of the Prohibition Act empowers the Collector to close places where intoxicants are sold, the court emphasized that this power must be exercised in conjunction with Section 135-C of the RP Act, particularly when the ban is being imposed only due to elections.

The court cited its previous decision in the case of Nanded Zilha, Madya Vikretasanghatna, v. State of Maharashtra & Anr. where it was held that such prohibitions cannot extend beyond polling hours.

“We find that the impugned order operates far beyond the area of what is contemplated under Section 135-C of the Act of 1951. The prohibition prescribed under Section 135-C is only for the polling area and not beyond it. It is true that Section 142 of the Act 1949 empowers the Collector to close a place where any intoxicant is sold but, the exercise of such power in the present situation ought to be guided by Section 135-C of the Act, 1951”, the court held.

In light of this, the court modified the order such that liquor sale will be banned in each constituency based on its respective polling date, instead of banning liquor sale in the entire district on both dates.

Advocates RD Soni, Sujay Gawade, Sumedha Dhopate, Mudita Pawar, Manasi Sawant and Rekha Keni represented the Petitioners.

Additional Government Pleader NC Walimbe and AGP TN Bhatia represented the State.

Case no. – Writ Petition No. 6389 of 2024

Case Title – Navi Mumbai Hotel Owners Association and Anr. v. District Collector (State Excise) and Ors.