STATE OF ARUNACHAL PRADESH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN all the above cases, the second respondent vide notification dated 27-3-2007 - Annexure-A imposed ban on sale of "paper, on line and internet lotteries" prohibiting sale of all types of paper, computerised and on-line lottery of karnataka and other State and lotteries organised by other countries marketed and operated through vending machines, terminals electronic machines and tickets sold through interent in Karnataka with effect from 1-4-2007 and declaring the Karnataka State as a lottery free zone henceforth.

(2.) THE appellants in all the three appeals, filed writ petitions challenging that Notification dated 27-3-2007 (Annexure-A) issued in exercise of power u/s. 5 of the Lottery (Regulation) Act, 1998 (Central Act No. 17 of 1998)as ultra vires Articles 14, 19 (1) (g), 245, 298, 301 to 304 and Entry 40 List I in VII Schedule to the Constitution of India and that notification is colourable exercise of power.

(3.) IN the budget of Karnataka State for the year 2007-08, it is stated that as a policy measure, the Government has proposed to abolish all kinds of lotteries in the State of karnataka including the lotteries run by the karnataka State. Pursuant to the declaration in the budget, the Notification at Annexure -A is issued. One of the appellants is the State of Arunachal Pradesh. The other appellants are the associate dealers, stockists and agents etc. , dealing in the lotteries of all the State including that of State of Karnataka.