HC lifts order to keep liquor shops shut on MLC counting day, October 27, in Nagpur and Chandrapur

The Nagpur bench of the Bombay High Court has given liquor traders major relief. The court has said it is not necessary to keep liquor shops closed on October 27, the day the votes in the Maharashtra Legislative Council (MLC) elections are counted. The restrictions on liquor sales during polling will continue as before.

The decision came during hearing of petitions by liquor vendors of Nagpur and Chandrapur districts. The vendors had challenged their respective district administrations' dry day orders. A division bench of Justice Urmila Joshi and Justice Raj Wakode said the restrictions imposed for polling could continue, but the condition to keep shops closed on counting day was not justified.

The district administrations had asked liquor shops to remain closed from 4 pm on October 21 until the end of polling on October 23. October 27, the day votes are to be counted, had also been declared a dry day.

The vendors objected to the extension of the dry day to counting day. They argued that the restrictions would hurt licensed businesses and that a separate legal basis was needed to stop liquor sales on that day. The petitioners cited provisions of the Representation of the People Act, 1951, which refer to a ban on liquor sales during the 48 hours before the close of polling.

After considering the petitions, the High Court upheld the restrictions for the polling period but removed the condition to keep shops closed on October 27.

For licensed liquor vendors in Nagpur and Chandrapur, this means they can continue sales on MLC counting day, provided they follow the other applicable laws and rules. The ruling has not cancelled the polling-related dry day restrictions. During the stipulated election period, shops must follow the closure orders in force.

The Maharashtra Legislative Council elections include the Nagpur Division Graduates' Constituency, along with other graduates' and teachers' constituencies across the state. Polling is to be held on October 23 and counting on October 27. The High Court's decision has brought relief to the liquor trade, while the restrictions meant to ensure peaceful polling remain.