Andheri By-Poll Elections: Bars can open in Andheri after 6 P.M. or after the results are announced

According to Additional Government Counsel Milind More, the Maharashtra government has informed the Bombay High Court that the ban on the sale of alcohol on the day of the Andheri by-poll elections will be in effect until either 6 pm or until the results are announced, whichever comes first. This information was provided to the vacation bench of Justices NR Borkar and Kamal Khata on Wednesday. A petition by the Indian Hotel & Restaurant Association asking for the government's October 18 order restricting the operation of bars and the sale of alcohol on November 6—the day of the Andheri constituency by-poll elections—was being heard by the HC.

 

On November 3, elections will be held. Rutuja Latke, the widow of Shiv Sena Uddhav Balasaheb Thackeray's Ramesh Latke, is running unopposed for the seat that became open following her husband's passing. The candidate for the BJP has withdrawn from the polls. The Maharashtra Prohibition Act of 1949 and the Rules imposed thereunder, notably the Foreign Liquor Rules and Cash Register Rules, were allegedly violated by the government order and violated their terms.

 

AHAR's attorney, RD Soni, contended that the respondents could not apply the terms of both the Maharashtra Prohibition Act, 1949's Rules and the  Representation of Peoples Act, a federal statute, to the same election. Soni argued that they had reservations about the limitations placed on the final day, or 06/11/2022, which would be used for vote counting. He argued that the provisions of Section 135(C) of the Representation of Peoples Act do not consider the date of the vote count when forbidding or enforcing the petitioners' right to conduct business.

 

The government's attorney notified the HC that the limitations imposed by its order will be in effect until the announcement of the results or until 6:00 p.m. on November 6, 2022, whichever comes first. The judge accepted the declaration and preserved the petition for a further hearing in normal court following the break.

 

 

Image Courtesy: Twitter @UrviJM