GUJARAT LOTTERY SELLERS ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, Gujarat Lottery Sellers Association, has by this petition challenged the Constitutional validity of the Lotteries (Regulation) Ordinance, 1997, promulgated by the President of India on 1st October 1997 and bringing into force on 2nd October, 1997. The petitioner has also challenged the Government of Gujarat notification dated 30th September, 1997 banning the instant lotteries within the State with effect from 1st November, 1997.

(2.) Lotteries (Regulation) Ordinance, provides that no State Government shall organise, conduct or promote any lottery save as provided in S.4. Section 4 reads as follows :

(3.) The learned Counsel for the petitioner has submitted that the petitioner and their members are the sellers of lottery tickets of lotteries floated by States like Assam, Meghalaya, Manipur, Mizoram, Himachal Pradesh, Tamil Nadu etc. It is submitted that by this way, backward States have been generating income for development and that the petitioners are paying sales tax on the sale of lottery tickets.