KOCHI: A division bench of the High Court set aside a single judge order permitting the sale of the Nagaland lottery in Kerala. The bench comprising judges S V Bhatti and Bechu Kurian Thomas issued the order on the state government’s appeal. The bench observed that the “host state” (Kerala in this case) is entitled to make rules to monitor the conduct of lotteries of “organising state” (Nagaland here) within the territory of the host state government.
The single judge had passed the verdict after declaring ultra vires (beyond one’s legal power or authority) the amendments brought to the Kerala Paper Lotteries (Regulation) Rules in 2018 which regulated marketing and sale of lotteries organised by other states in Kerala. The division bench made it clear that the Kerala Paper Lotteries (Regulation) Amendment Rules, 2018, were valid and within the legislative competence of the state government.