Bombay High Court: In a petition filed by All India Wine Producers Association challenging the ban imposed by the respondent(‘State') imposing a ban on the sale of liquor in the jurisdiction of Nashik District in view of the proposed election to be held on 30-01-2023 for Nashik Graduate Constituency, Milind N Jadhav, J., held that imposing a prohibitory ban for long period on merchant establishments and establishments which provide livelihood is contrary to the enshrined principles under Article 21.
The Court remarked that the issue is a recurring issue and therefore, the State Government is directed to take note of the same. The present elections are not Parliamentary elections and the yardstick applicable to those elections cannot be ipse dixit applied to elections for Graduate constituencies.
Thus, the Court 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.
[All India Wine Producers Association v. The Deputy Speaker and Assistant Chief Election Commissioner, 2023 SCC OnLine Bom 228, decided on 25-01-2023]
Advocates who appeared in this case :
Mr Atul Damle, Senior Advocate i/by Mr. Vivek V. Salunke for Petitioner
Mr. P.G. Sawant, AGP for State
*Arunima Bose, Editorial Assistant has reported this brief.