Prohibit Alcohol Consumption under Code of Conduct and Section 47
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I am directed to invite your attention to Section 135 C of the Representation of the People Act, 1951 which provides that no spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or dlstributed at a hotel, eating house, tavern, shop or any other place, public or private, within a polling area, during the period of forty-eight hours ending with the hour fixed for the conclusion of poll for any election in the polling area.
it is submitted that the article 21 of the constitution of India includes right to health, thus the article 47 of the constitution of India required to be read along with the article 21 of the constitution of India
I am also directed to invite your attention to article 47 of the constitution of india and accordingly, this prayer is being made to issue a restrain order for manufacturing, processing and selling country liquor or Indian made foreign liquor from the date of code of conduct instead of the 48 hours before elections.
The Government is not expected to trade in liquor, which is not to advance the health of the people but is injurious to their health. In the lust of getting revenue, the State Government , we see a tremendous increase of liquor shops. With the easy excess to liquor shops, people will consume more liquor affecting their health. It is seen previously that due to consumption of liquor, many of the families were ruined, thus it was expected from the State Government to frame such a policy, which may advance the cause of the people.
It is requested that:
-No liquor shops, hotels, restaurants, clubs and other. Establishments selling/serving liquor, shall be permitted to sell/serve liquor to anyone whosoever, on the aforesaid days with immediate effect till the date of May 12, the date of elections.
- Non-proprietary clubs, star hotels, restaurants etc. and hotels run by anyone even if they are issued different categories of licenses for possession and supply of liquor, should also not be permitted to serve liquor on these days till 12 May.
The storage of liquor by individuals may be curtailed during the above period and the restrictions provided in the Excise-law on the storage of liquor in unlicensed premises may be vigorously enforced till the date of 12 May.
- Steps may also be taken to prohibit sale of liquor in adjoining areas of the concerned constituency(ies) so that there is no chance of clandestine movement of liquor from those areas, had the restriction not been in operation.
It may be noted that though the article 47 of the constitution of india falls in the directive principles but now in view of the catena of many judgments, even directive principles are enforceable by the Court of law. Therefore ban on liquor may be made with immediate effect.
There will be deep impact on the lives of people, especially youngsters who are being given alcohol brought in by neighboring states like Goa, Many local shops are not selling due to the monitoring activity by the election commission , however the country's future should not suffer due to alcohol. The Alcohol can be sold for the rest of the year, during this period of elections, It is submitted humbly to ban liquor in the interest of a better nation. This activity will bring down:
The high quality of the Election system,
Bringing insult to the value of the vote.
Situation arises that people may boycott election due to absence of commonsense.
Forces the youth to liquor addiction.
Causing serious trouble for the Security system.
The incapable candidates get selected on the strength of Alcohol and inefficient government will be formed paving way for the inefficient administration.
Hence till the entire election process comes to an end, it is just and necessary to expedient to totally prohibit liquor in entire Karnataka state and by doing so peaceful, fearless, fair and justifiable elections can be held in the State.
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