Bombay High Court allows liquor sale in Mumbai on June 4 after declaration of Lok Sabha poll results

The Bombay High Court on Friday allowed hotels and liquor stores in Mumbai to sell liquor on June 4 - the day of counting of votes for the Lok Sabha elections - after declaration of the general election results [Indian Hotel and Restaurant Association v. Collector of Mumbai (Suburbs) State Excise Department]. .A vacation bench of Justices NR Borkar and Somasekhar Sundaresan passed an order to that effect today.It modified an order of the Mumbai City Collector dated April 2 which had prohibited operation of alcohol licenses in view of the parliamentary elections..The vacation bench also relied on an order passed on May 3 by a co-ordinate bench which had lifted liquor sale restriction in Raigad district of Maharashtra after declaration of results."In line with the aforesaid order, it would only be appropriate to direct Mumbai city collector that as far as alcohol sale restriction will cease to have effect after declaration of results," the vacation bench ordered on Friday..The order was passed on a petition by Indian Hotel and Restaurant Association (AHAR) challenging the circular of April 2 which had declared June 4 as dry day.Advocate Veena Thadani for AHAR claimed that the prohibitory order for June 4 was passed even though counting of votes is likely to be completed and results of elections will be declared in the afternoon.AHAR pointed out that they had approached the Collector to get the decision reviewed. However, it was informed that the order cannot be changed because it is based on the directions of the Election Commission of India (ECI).The notification prohibited sale of liquor within the region for which elections are scheduled starting 48 hours prior from the voting day. AHAR claimed that whenever authorized outlets for sale of liquor are shut, illegal businesses thrive which make huge profits through illegal sale..Additional government pleader Jyoti Chavan informed the vacation bench that the Mumbai suburban district collector modified his order limiting the restriction on liquor sale till declaration of results.However, such a modification was not made by the Mumbai City Collector. The vacation bench remarked that parity was required in all regions and proceeded to allow sale of liquor after the declaration of election results.