The Kerala High Court has stayed a state government order imposing a ‘dry day’ within a 5-kilometre radius of the Kerala–Tamil Nadu border ahead of the Assembly elections in the neighbouring state scheduled for April 23.
A Vacation Bench of Justice S Manu granted the interim relief, on Tuesday, April 21, while hearing petitions filed by hotels in Palakkad district challenging the restriction on liquor sales from April 21 to midnight of April 23.
The court held that the state government did not have the authority to issue such a direction, noting that prohibitory measures on liquor sales during elections are governed by statutory provisions. The Bench observed that under the Representation of the People Act, such restrictions can only be imposed within notified polling areas.
The court further noted that the state “could not show any provision which confers such power on it,” referring specifically to Section 135C of the Representation of the People Act, 1951, which prescribes a ban on sale of liquor only within polling areas.
The petitions were filed by a group of three-star hotels holding valid FL-3 bar licences for the 2026–27 period. They contended that the order was “ex facie arbitrary, without jurisdiction and illegal,” and violated their fundamental right to carry on trade under Article 19(1)(g) of the Constitution, according to copy 2.
The petitioners also argued that their establishments, located between 3 and 5 kilometres from the state border, had no impact on electoral processes in Tamil Nadu. They pointed out that liquor outlets on the Tamil Nadu side remained open during previous elections in Kerala without causing law and order issues.
The matter has been posted for further hearing on June 8.