Long prohibitory bans on shop establishments would negatively impact the livelihood of individuals - Bombay HC

Case: All India Wine Producers Association v. Deputy Secretary and Assistant Chief Election Officer, Maharashtra & Ors.

The Bombay High Court recently ruled that imposing long prohibitory bans on shop establishments would negatively impact the livelihood of individuals and violate Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The court stated that such bans should only be imposed as a last resort and for a limited period of time.

The HC was hearing a plea by the All India Wine Producers Association and the Association of Progressive Retail Liquor Vendors against a proposed liquor ban in certain districts in Maharashtra (Nashik, Thane, Palghar, and Raigad), India on account of the upcoming local elections. The ban, which was originally proposed to be in effect for four days, would have affected the sale and consumption of alcohol during that period. The Court, however, reduced the ban from four to only one day, the day on which the voting is to take place, January 30, 2023, by an order passed earlier this week.

Furthermore, the court ruled that since these elections are not parliamentary elections, the criteria applicable to those elections cannot be applied to graduate constituencies. The Court noted that the scale and nature of parliamentary elections are different from the local elections and therefore, the measures taken to ensure free and fair elections in both cases would differ.