CL-9 licensees can serve food during dry days, says High Court

Bengaluru: The Karnataka High Court (HC) on Friday directed authorities not to prevent a bar and restaurant with a CL-9 licence, along with other similarly situated establishments, from serving food during the five dry days.

Liquor sales have been banned by Mysuru District Administration from June 1, 4 pm to June 3, 4 pm, due to voting for Karnataka Legislative Council Elections and the announcement of results for the Lok Sabha Polls on June 4 (24 hours).

June 6 will also be a dry day from 6 am to midnight when the vote counting for the Legislative Council Elections will occur.

These orders are issued in accordance with Representation of the People Act, 1951, which mandates a prohibition on the sale and consumption of alcohol at least 48 hours before polls.

However, Kushal Raj, a CL-9 licensee in Bengaluru, filed a petition in the Karnataka High Court, arguing that the authorities have prohibited liquor sales contrary to the instructions of the Returning Officer.

In its affidavit before the Court, the Election Commission of India (ECI) enclosed a copy of the calendar of events for the Council elections. It was submitted that the term ‘polling date’ cannot be restricted to the actual date of polls and must be interpreted as per Section 135C of the Representation of People Act, 1951, which mandates the prohibition of the sale of liquor 48 hours before the polling date.

“I do not find any illegality in the impugned orders, which are passed in accordance with Section 135C of the Representation of People Act, the communication of the Election Commission of India, and Rule 10-B of the Rules, 1967. The authorities are directed not to restrain the petitioner and other similarly situated persons from serving food in the bar and restaurants,” Justice Hemant Chandangoudar said.

Mysuru Hotel Owners’ Association President C. Narayanagowda told Star of Mysore that following the High Court order, bars and restaurants with a CL-9 licence will serve food on dry days and anyone objecting to this will face contempt of Court.