VIKAS KAMALRAJ JAISWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is filed under Article 227 of the Constitution of India to challenge the order made by the learned Collector on representation given by the villagers to close the country liquor shop. Both sides are heard.

(2.) The petitioner is having country liquor shop licence, CL III and it is for selling liquor in village Betawad (Bk), Tahsil Jamner, District Jalgaon. Respondent No.4 President of a N.G.O., "Daru Bandi Mahila Samiti" created for enforcing ban on sale of liquor in the village, gave representation dated 17-8-2015 to the Collector along with signatures of more than 25% female voters of the village. It was requested to the Collector that voting needs to be conducted for closing the country liquor shop of the petitioner as problems were created by the shop to the social life of the villagers. On the basis of the verification done by the officers of the Excise Department the Collector made order dated 28-12-2015 of holding election under challenge.

(3.) The order is made by the learned Collector on the basis of "The Bombay Prohibition (Closure of Licence on Resolution by Gram Sabha or representation by Voters in the Ward of Municipal Council/Corporation) Order, 2008 as amended by the Order dated 12th February 2009. Relevant portions of the Order, 2008 and the Order, 2009 giving procedure for election, voting in this regard is as under :-