Bombay High Court Stands Firm on Liquor Ban During Mumbai Civic Polls
The Bombay High Court delivered a significant blow to liquor retailers on Tuesday. It refused to grant any interim stay on a three-day ban on alcohol sales in Mumbai. This ban coincides with the high-stakes Brihanmumbai Municipal Corporation (BMC) elections.
Retailers' Petition Seeks Overturn of Excise Order
The Association of Progressive Retail Liquor Vendors had urgently approached the court. They filed a petition challenging an order from the Collector of Mumbai Suburban, State Excise Department. This order, issued on January 9, prohibited liquor sales from January 14 to January 16.
The vendors sought to have this order quashed and set aside. They argued the extended ban would cause severe and irreparable financial harm to their businesses.
Court Cites Existing Rules, Defers Constitutional Scrutiny
A bench comprising Justices Ravindra V. Ghuge and Abhay J. Mantri heard the plea. The bench pointed directly to Rule 9-A(2)(C)(2) of the Maharashtra Foreign Liquor Rules, 1969.
The court observed this rule clearly prescribes the power to impose such a ban. It applies to the day immediately before polling and on the counting day. Therefore, the bench found no grounds for immediate interim relief.
However, the court acknowledged the petitioners' broader challenge. It agreed to consider in due course whether the rule itself is arbitrary. The examination will focus on whether it unfairly restricts commercial activity and the right to profession and business.
"No interim relief, in view of the discussion on the Rules," the High Court noted in its order.
Detailed Arguments from Both Sides
Advocate Suresh Sabrad, representing the liquor vendors, made a passionate case. He contended that a two-and-a-half-day ban was excessive. Sabrad specifically questioned the need for a ban on January 14, a day with no campaigning or polling scheduled.
The petition also requested a modification. It suggested the ban should apply only on the actual polling day, January 15, and only until voting hours closed at 5:30 PM.
Furthermore, the association challenged the application of Section 135-C of the Representation of the People's Act, 1951. They sought a declaration that this provision, which mandates a liquor ban during polls, should not apply to the BMC elections.
On the other side, Additional Government Pleader Priyanka Chavan represented the Maharashtra government. She defended the excise department's order. Chavan informed the court that the collector's order specified the ban period:
- January 14 (the day before polling)
- January 15 (the full polling day)
- January 16 (from 10 AM until results are declared)
She provided a crucial clarification regarding January 16. Since vote counting for wards with fewer voters using EVMs would take only 2-3 hours, the liquor sales ban would be lifted immediately after the results were declared.
Court Issues Notice, Schedules Future Hearing
The Bombay High Court has not closed the matter entirely. It issued a formal notice to the respondent authorities, which include the state excise department.
The court directed these authorities to file their affidavits in reply by February 10. It then posted the case for a further detailed hearing on March 16.
This sets the stage for a future legal battle where the constitutional validity of the excise rules themselves will be tested. For now, Mumbai's liquor retailers must comply with the three-day dry spell as the city votes for its new civic body.
