MUMBAI: In a significant decision, the Bombay high court on Wednesday exempted the liquor ban announced by the Election Commission in Thane, Palghar, Raigad and Nashik districts of Maharashtra during the graduates and teachers constituency elections slated at the end of this month.
Moreover, the court has reprimanded the authorities while imposing any such decision in future given its impact on the livelihood of thousands of people.
The election officers and the district collectors and magistrates had announced liquor ban from January 28 evening till the election day i.e January 30.
They had also announced the same on February 2, the day of counting and results.
The All India Wine Producers Associations and the Association of Progressive Retail Liquor Vendors had filed separate writ petitions in the high court urging for a relief.
While the court stayed the ban on January 30 as it being the death anniversary of Mahatma Gandhi, bans on other days have been lifted.
"Imposing a prohibitory ban for a long period on merchant establishments and establishments which provide livelihood is contrary to the enshrined principles under Article 221 of the Constitution of India and whenever such a thing happens, the authorities need to be thoughtful. The present elections are not Parliamentary elections and the yardstick applicable to those elections cannot be 'ipse dixit' applied to elections for Graduate constituencies," said the order by justice Milind Jadhav.
"In view of the above reasons, it is directed that the prohibitory ban imposed by the impugned order in both the writ petitions shall only be restricted to 30.01.2023 and all other days stand exempted," the order stated.
Earlier, the lawyers who appeared on behalf of the petitioners pointed out to the court that the voters list for such elections was restricted to a few thousands who are mostly graduate and learned and hence such a blanket ban was irrelevant and not justified.
A few days ago the Election Commission of India had declared the poll plan for elections to the graduates and teachers constituencies from the state.
As per the poll schedule, notification announcing the election programme was issued on January 5.
Meanwhile, the court has directed the election authorities to file their substantive affidavit-in-reply within four weeks from the day of the order i.e wednesday.
