Bombay High Court: In a petition before the Division Bench of NR Borkar & Somasekhar Sundaresan, JJ., filed by the Indian Hotel and Restaurant Association, seeking the extension of a previous order by another Division Bench of the Court regarding the cessation of restriction on sale, distribution and consumption of liquor on the day of declaration of results of the Lok Sabha Elections 2024 observed in Maharashtra on various dates; the Court considering the said previous order, held that the restriction on liquor sale and consumption shall cease to be effective after declaration of the results. The petition sought the extension of an earlier order passed by another Division Bench in Navi Mumbai Hotel Owners Association v. Collector, 2024 SCC OnLine Bom 1250 regarding the cessation of restrictions on the sale, distribution and consumption of liquor in respect of Raigad District .The Division Bench of A.S. Chandurkar and Jitendra Jain, JJ., partly modified the order dated 2-4-2024 issued by the Collector. The order dated 2-4-2024 issued by the Collector was partly modified, insofar as the prohibition for sale of liquor in Raigad Lok Sabha constituency was concerned, the same would operate in the Vidhan Sabha Constituencies of Pen, Alibagh, Shrivardhan and Mahad from 5:00 p.m. on 5-5-2024 till end of polling on 7-5-2024 and thereafter on 4-6-2024 till the declaration of results.
Insofar as Maval Lok Sabha constituency was concerned, the prohibition for sale of liquor would operate in Vidhan Sabha Constituencies of Panvel, Karjat and Uran from 5:00 p.m. on 11-5-2024 till end of polling on 13-5-2024 and thereafter on 4-6-2024 till the declaration of results
The Court took note of the afore-stated earlier order and disposing of the petition, the Court directed that it would only be proper if the restrictions on alcohol within Mumbai ceases to be effective upon the declaration of results of the ongoing Lok Sabha Elections for the seats in Mumbai.
[Indian Hotel and Restaurant Association v. Collector of Mumbai (City) State Excise Department, 2024 SCC OnLine Bom 1472, decided on 24-05-2024]
Advocates who appeared in this case :
Advocates for the Petitioners: Veena Thadani, Bharati Nyaynirgune and Rujuta Gaikwad
Advocates for the Respondents: Jyoti Chavan, Additional Government Prosecutor
