Karnataka High Court
Credit: DH Photo
Bengaluru: A division bench of the Karnataka high court on Thursday restored the ban on sale, distribution and serving of liquor for a 48 hour period during the bypoll to Karnataka Legislative Council from the teachers’ constituency.
A division bench headed by Justice K Somashekar stayed the interim order passed by a single bench on Wednesday which had restricted the ban to 18 hours each from 6 am till midnight on February 16, the day of polling and February 20, the day of counting.
The Election Commission of India and the state government had filed separate writ appeals, challenging the single bench’s interim order. It was argued that the single bench interim order is contrary to the existing principles of law and decisions of the Supreme Court regarding interfering with the electoral process which has already begun.
It was submitted that the interim order has resulted in re-writing of the mandatory statutory provisions. According to the appellants, Section 135( c) of Representation of People Act, 1951, bars selling, giving or distributing spirituous, fermented or intoxicating liquors within polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
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.