The Kerala High Court on Tuesday intervened to stay a State government order that had imposed a ‘dry day’ within a 5-km radius of the Kerala-Tamil Nadu border. The government directive was intended to coincide with the Assembly elections in the neighboring state of Tamil Nadu, scheduled for April 23.
A Vacation Bench of Justice S. Manu issued the stay, questioning the State government’s authority to extend liquor prohibitions beyond specific polling areas.
The legal challenge was brought forward by several hotels based in Palakkad. These establishments challenged a government order that prohibited the sale of liquor from April 21 until midnight on April 23.
The petitioners argued that the blanket ban across a 5-km radius was an overreach of the government’s power and caused unnecessary hardship to businesses located in Kerala, away from the actual election sites in Tamil Nadu.
During the proceedings, the court examined the scope of the Representation of the People Act. The Bench noted that while the Act allows for the prohibition of liquor sales during elections, such measures are strictly intended for “polling areas.”
The court observed that the State government’s order extended the ban to locations that were not adjacent to any election area. According to a lawyer associated with the case, the court determined that the State did not possess the specific power to issue such a broad directive under these circumstances.
While the detailed written order is yet to be uploaded to the High Court’s website, the immediate stay allows the affected hotels and establishments to resume their normal operations.
