BMC Elections: Mumbai’s Liquor Ban to Continue Until Counting; Bombay High Court Denies Relief

Mumbai: In view of the upcoming Brihanmumbai Municipal Corporation (BMC) elections, the sale of alcohol in Mumbai will remain prohibited from January 14 to 16. The Bombay High Court has refused to grant interim relief to an association of liquor vendors that had challenged the government’s ban.

Ban to Remain Until Counting on January 16
The Maharashtra government imposed the liquor ban in the city from January 14 to 16, covering the voting day on January 15 and the counting of votes on January 16. The Association of Progressive Retail Liquor Vendors had filed a petition challenging the application of Section 135-C of the Representation of the People Act, 1951, to municipal elections.

During the hearing, the court observed that challenging the law requires detailed examination. Additional Government Pleader Priyanka Chavan informed the court that the ban was imposed specifically because of the municipal elections and would be lifted immediately after the results are declared on January 16. She also noted that vote counting at the ward level typically takes only two to three hours, so the ban would not last the entire day.

Petitioners Seek Limited Ban
The petitioners argued that a nearly two-and-a-half-day-long ban would cause significant financial losses to licensed liquor vendors. They contended that since no campaigning or voting takes place on January 14, the ban for the entire day is unnecessary. The association suggested that the restriction should only be in force during voting hours. They also cited previous High Court orders that allowed liquor sales one day prior to voting and resumed after counting. Additionally, they questioned the applicability of Section 135-C of the Representation of the People Act, 1951, to local body elections, arguing it should not restrict commercial activities.

Court Denies Stay on Ban
After hearing both sides, the court refused to stay the three-day government-imposed ban on alcohol sales. It stated that any challenge to the rule requires thorough examination, and the state government must provide a response. The court noted that only if the current law is found to be arbitrary and restrictive of professional rights could the matter be reconsidered. Both parties have been directed to file their responses and rejoinders by March.

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