Nagpur: Justice Atul Chandurkar and Justice Vrushali V Joshi at the Nagpur Bench of Bombay High Court here have modified the impugned orders passed by the respective Collectors of Chandrapur, Brahmapuri and Yavatmal districts and restricted the ‘Dry Day’ only to January 30, the day of polling for Maharashtra Legislative Council’s Graduates’ constituency.
The Court modified the impugned orders passed by the respective Collectors, in response to the writ petitions filed by Chandrapur Zilla Liquor Association, two businessmen from Bhandara and Ekvira Hotel, and one trader each from Yavatmal and Kelapur. The Court has modified the impugned orders in view of the direction issued by the Chief Election Officer’s office that there is no provision to declare ‘Dry Days’ prior to 48 hours of polling. Hence, the court set aside the declaration of ‘Dry Days’ on January 28 and 29.
Declaration of February 2, 2023, the day of counting, as a ‘Dry Day’ also could not survive as counting of the votes from these districts will be taking place at Nagpur (of Bhandara and Chandrapur) and at Amravati (of Yavatmal district).
In Nagpur Division, polling for Teachers’ Constituency will be conducted on January 30. In Amravati Division, polling for Graduates’ Constituency will be held. Advocates Sachin Zoting, Sahil Shyam Dewani, and Anurag Mankar appeared for the petitioners. AGPs Nivedita Mehta and Sangita Jachak represented the State.
Meanwhile, tThe State Election Commission (SEC) on Friday clarified that dry day, when sale and supply of liquor is prohibited, would be observed only on January 30 when the elections for teachers and graduates’ constituencies are scheduled in Maharashtra. The clarification came after the Nagpur bench of Bombay High Court quashed the Collector’s order in Yavatmal and other districts for observing dry days on January 28, 29, 30 and February 2, when the counting would be held.
The Collectors had invoked powers under Section 135(C) of the Representation of the People Act, 1951, for issuing the orders. In Nagpur, the case was filed by District Chillar Liquor Vendors’ Association Secretary Devendra Jaiswal through counsel Sumeet Bodalkar.