[Bangalore Teacher's Constituency Bye-Election] Karnataka HC Reduces Restriction On Sale Of Liquor, Dry-Day To Be Observed On Polling & Counting Days

The Karnataka High Court on Wednesday passed an interim order limiting the ban imposed on the sale, distribution, and serving of liquor in all retail shops, hotels, bars, bar and restaurants, etc from 6 am to 12 am on February 16th and February 20th.

Previously the authorities had announced a dry day from 5.00 pm on February 14 to 6.00 am on February 17 and 6.00 am to midnight on February 20, because of the by-election to the Bangalore Teachers Constituency.

A single-judge bench of Justice S R Krishna Kumar passed the interim order on the petition filed by Bruhat Bengaluru Hotels Association and others.

The bench said “In view of the fact that all the 16, 053 voters are teachers among whom 10,106 are women the ban imposed on days other than the day of polling and the day of counting does not have any nexus with the probability/possibility of liquor having any impact on the peaceful, free and fair conduct of the subject elections and in the peculiar facts of the case it would be just and appropriate to reduce confine the ban only to the date of polling and counting.”

Further, the court said that regarding the nature of the election and the electorate involved, imposing a ban on liquor on days other than the day of polling and counting was clearly excessive and did not have any nexus with the aim and object sought to be achieved by the Act and the rules.

Accordingly, the notification was modified.

Appearance: Senior Advocate Arun Shyam for Advocate Suyog Herele.

Case Title: BRUHATH BENGALURU HOTELS ASSOCIATION AND THE DEPUTY COMMISSIONER & Others

Case No:WP 4550/2024

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