Kerala HC quashes amendment brought by state govt to curb sale of other state lotteries
Dec 31, 2020
Kochi (Kerala) [India], December 31 : Kerala High Court has quashed the amendment brought by the state government to curb the sale of other state lotteries in the state. Justice A. Muhamed Mustaque passed the order after declaring ultra vires the amended Kerala Paper Lotteries (Regulation) Rules that controlled the lotteries organised by other States.
Court held this while considering a writ petition filed by a private company engaged in marketing and sale of lottery tickets organised by the State of Nagaland. The court permitted the sale of the Nagaland lottery in Kerala.
The court said, "the Central government had framed Lotteries (Regulation) Rules, 2010. These rules provided a mechanism to redress the grievances of other States as against organising States and their agents. These rules conferred authority on the central government to decide on such complaints and grievances. Therefore, the State was not authorised to make rules to regulate or control the lotteries of other States."
"Central government alone had the power to interfere with the organising, conduct, and promotion of lotteries and the State government did not have such power. If the sale of Nagaland lottery is carried out without following the instructions of the central government, the Kerala government can approach the centre seeking action against it," it added.
