SHANKARABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. The learned AGP waives service for the respondent Nos.1 to 3. The learned advocate Mr. Gaikwad waives service for respondent No.4. The learned advocate Mr. Rode holding for Mr. Ingole waives service for respondent No.5. Also heard the learned advocate Mr. Hande for the Intervenor. At the request of all the matter is heard finally at the stage of admission.

(2.) The petitioner holds a CL-III licence No.95 issued under the Maharashtra Prohibition Act (hereinafter the Act) for village Naigaon (Dh.) Tq. Dharmabad District Nanded. She is impugning the judgment and order of the respondent No.2 Collector passed under Section 142 (1) of the Act directing closure of her liquor shop upholding the resolution passed by the Grampanchayat stated to have been passed in terms of the order passed by the State Government under Section 139 of the Act dated 25.03.2008 as amended by the subsequent order dated 12.02.2009 (hereinafter the Order under Section 139).

(3.) The learned advocate for the petitioner submitted that the decision of the Collector was solicited pursuant to the enabling provision contained in Clause 3 (3A) of the order under Section 139. However, the procedure prescribed thereunder was not followed. It requires a representation in writing to be made by 25% of women voters or total voters in any village to the Superintendent of State Excise demanding closure of a liquor shop in a village. Such application is thereafter to be verified by the Superintendent of State Excise. After such verification regarding its authenticity, the Collector has to direct the Tahsildar to take a secrete poll. The Tahsildar thereafter has to declare the place, date and time of the election at least seven days in advance. The list of voters is to be used for that purpose. The election is to be conducted under the supervision of the concerned Tahsildar or an officer not below the rank of Naib-Tahsildar as is authorized by him. Even Inspector of State Excise has to be present during the poll and the resolution has to be passed for closure of the liquor shop by 50% of women voters or total voters of the Village. It is after following such an elaborate procedure that the Collector can pass an order under Section 142 (1) for closure of the liquor shop.