Advocate R D Soni for the petitioners argued that the prohibition on liquor need not be there for the whole day when counting of votes happens
Bombay High Court. File Pic
The Bombay High Court on Wednesday allowed hotels and liquor stores in the suburban area of Andheri to sell liquor after declaration of result or by 6 pm, whichever is earlier, on November 6 for the by-election to the Andheri East Assembly constituency.
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A vacation bench of Justices N R Borkar and Kamal Khata was hearing two petitions filed by the Indian Hotel and Restaurant Association as well as Association of Progressive Retail Liquor Vendors against a notification issued by the Maharashtra state excise department on October 18 prohibiting sale of liquor from November 1 to 3 (day of election) and on November 6 (counting and declaration of results).
Advocate R D Soni for the petitioners argued that the prohibition on liquor need not be there for the whole day when counting of votes happens.
Additional government pleader Milind More told the court that the notification for 'dry-day' was issued by the excise department based on the rules of the Election Commission of India and the provisions of the Representation of People's Act.
Also Read: Mumbai: Andheri bypoll on Nov 3 mere formality after withdrawal of BJP candidate
The high court had earlier this week asked the government if sale of liquor could be permitted after 6 pm on November 6 or once the counting process is finished.
On Wednesday, an officer of the excise department said this could be permitted.
The bench on Wednesday then passed an order permitting sale of liquor after 6 pm or once the counting process is over and results are declared (whichever is earlier) on November 6.
The by-election to the Andheri East Assembly constituency in Mumbai scheduled on Thursday has become a mere formality following the withdrawal of the Bharatiya Janata Party's candidate from the fray last month.
Rutuja Latke, the nominee of the Uddhav Thackeray-led Shiv Sena faction, is expected to register a comfortable win. She is pitted against six candidates - four of them Independents. The Nationalist Congress Party (NCP) and Congress have supported her candidature.
The bypoll was necessitated due to death of Rutuja Latke's husband and Shiv Sena MLA Ramesh Latke in May this year.
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