Hotel owners challenged a prohibition order operating all day on vote-counting day during general elections. Following two prior decisions, court clarified prohibition imposed by Order dated 1 April 2024 operates only till declaration of results, not entire day.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
504-WP-7089-2024.docx
Neeta Sawant
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7089 OF 2024
Navi Mumbai Hotel Owners Associations and anr.
} .. Petitioners
: Versus :
The District Collector, Thane State Excise Department and Ors. } .. Respondents
Mr. R.D. Soni a/w. Mr. Sujay Gawade, Ms. Sumedha Dhopate, Ms. Mudita
Pawar and Ms. Rekha Keni i/by. Shree & Co., for the Petitioner.
Mr. A.I. Patel, Additional Government Pleader a/w. Ms. Ashwini Purav, AGP
for Respondent Nos.1 to 3.
Coram :Sandeep V. Marne, &
Dr. Neela Kedar Gokhale, JJ.
(Vacation Court)
Dated : 13 May 2024.
P.C. :
1) The limited grievance canvassed before us in the present petition is about operation of prohibition order for the entire day of 4 June 2024 which is the day scheduled for counting of votes in respect of general elections. The grievance raised by the Petitioner is no more res-integra and is covered by the decisions of this Court in Navi Mumbai Hotel Owners
_____Page No. 1 of 2____
13 May 2024
504-WP-7089-2024.docx
Neeta Sawant
Association & Anr. V/s. The District Collector & Ors.1 and Sachin Kisan Gore V/s. State of Maharashtra and Ors.2
2) In that view of the matter, the Writ Petition is disposed of by clarifying that the prohibition imposed by the Order dated 1 April 2024 by the District Collector (State Excise), Thane shall continue to operate till declaration of results on 4 June 2024 and not for the entire day.
[ Dr. Neela Kedar Gokhale, J. ]
[Sandeep V. Marne, J.]
Digitally signed by NEETA NEETA SHAILESH SHAILESH SAWANT SAWANT Date: 2024.05.13 17:38:20 +0530
1 Writ Petition No.6389 of 2024 decided on 3 May 2024
2 Writ Petition No.6615 of 2024 decided on 6 May 2024
_____Page No. 2 of 2____
13 May 2024
1 issue framed by the court
Whether the prohibition order should operate for the entire day on 4 June 2024 or only till declaration of election results.
Colour shows how this judgement treated each authority
Navi Mumbai Hotel Owners Association & Anr. V/s. The District Collector & Ors.Relied on
Writ Petition No.6389 of 2024 decided on 3 May 2024
Sachin Kisan Gore V/s. State of Maharashtra and Ors.Relied on
Writ Petition No.6615 of 2024 decided on 6 May 2024
Navi Mumbai Hotel Owners Associations and anr.
The District Collector, Thane State Excise Department
Respondent Nos. 4 (Ors.)
Sandeep V. Marne
Neela Kedar Gokhale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court