BENGALURU: Acting on the appeals by the chief electoral officer and the state government, a division bench of the High Court of Karnataka stayed the single judge’s order confining the ban on sale, distribution and serving of liquor to the days of voting on February 16 and counting of votes on February 20, in the byelection to the Legislative Council from Bengaluru Teachers’ constituency.
Following the high court order, police and excise officials ensured that bars and wine stores across the city downed shutters by 3pm on Thursday. Prohibitory orders will be in force till Friday midnight and from 6am to midnight on February 20.
The appellants contended that the impugned interim order resulted in allowing the quarters that be to influence voters by distributing liquor. The petitioners before the single judge cannot be heard saying that the ban on the sale of liquor violated their right to trade and business.
The division bench of Justice K Somashekar and Justice Umesh M Adiga passed the interim order, staying the single judge’s order. Observing that the ban on sale, distribution and serving of liquor on days other than polling and counting is excessive, the single judge passed the interim order on Wednesday. This was after hearing a petition filed by the Bruhat Bengaluru Hotels’ Association and others questioning the ban.
It was contended in the appeals that Section 135(c) of the Representation of People Act,1951, prevents selling, giving or distributing spiritous, fermented or intoxicating liquor within the polling area during the period of 48 hours ending with the hour fixed for conclusion of the poll for any election in that polling area.
The impugned interim order resulted in re-writing of the mandatory statutory provision. The appellants stated that the single judge erred in issuing the order which stated that the ban on sale of liquor on days other than polling and counting of votes will not have any impact or influence on the peaceful, free and fair conduct of elections.