Karnataka HC orders Bengaluru liquor ban be limited to 2 days of voting and counting for council bypoll

Hearing the petition filed by Bruhat Bengaluru Hotels Association and others questioning the ban on the sale, Justice S R Krishna Kumar passed the interim order on Wednesday.

Bengaluru: The Karnataka High Court on Wednesday passed an interim order reducing the imposition of ban on sale, distribution and serving of liquor (dry day) only on days of voting and counting during the ensuing by-election to Karnataka Legislative Council from the Teachers’ Constituency.

Justice S R Krishna Kumar passed this order in the petition filed by the Bruhat Bengaluru Hotels’ Association and others.

“The ban sale, distribution and serving of liquor etc in all shops, hotels, bars and restaurants imposed in the revised order dated February 13, 2024 is confined, limited and restricted only from 6 am on February 16, 2024 till midnight of February 16, 2024 and also from 6 am on February 20, 2024 till midnight of February 20, 2024,” the court said. On February 1 and February 6, 2024, the Election Commission of India had issued notifications seeking to enforce the ban from 5 pm on February 14 till midnight of February 16 and again on February 20, the day of counting. Subsequently, a revised notification was issued on February 13, 2024, and the ban was imposed from 4 pm on February 14 till 4 pm on February 16.

Appearing for the petitioners, senior counsel Aruna Shyam submitted that the by-election is for Bangalore Teachers’ Constituency of the Council consisting of only 16,000 voters. Out of total 16,063 voters, 10,106 are women and hence, the ban does not have any nexus with the probability of liquor having an influence on the peaceful, free and fair conduct of the elections, it was submitted.

The Election Commission of India defended the notifications contending that it is in tune with the mandate contained under Section 135C of the Representation of People’s Act. 

“It is an undisputed fact that the subject by-election relates to the Bangalore Teachers’ Constituency which has about 16,063 voters in a total population of 85,20,435 people in Bangalore Urban...It is prima facie clear that having regard to the nature of elections and the electorate involved in the elections, the impugned notifications/orders imposing a ban on liquor on days other than the day of polling and day of counting is clearly excessive and does not have any nexus with the aims and objects sought to be achieved by the Act and Rules and consequently, the ban deserves to be reduced only to be imposed on the date of polling and date of counting,” the court said.