Sale of other-state lotteries no more illegal in Kerala;HC quashes govt’s amendment
Kochi: The Kerala High Court has quashed the amendment brought by the state government to curb the sale of other state lotteries in the state.
Justice Muhammad Mushtaq issued the order pointing out that only central government holds the power to take a decision in this regard.
The court pronounced the order while considering the petition of Coimbatore-based Future Gaming and Hotel Service Private Limited regarding the ban on sale of Nagaland lottery.
In the fresh order, the HC has permitted the sale of Nagaland lottery in Kerala.
The state governments have the power to restrict sale of other-state lotteries. In order to exercise this power, the states must be a lottery-free zone, reads the HC.
If sale of any lotteries is carried out illegally, only central government can intervene in the issue, clarified the court.
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 an action against it, directed the HC.
The petitioners questioned the amendment brought in the Kerala Paper Lotteries Act, 2005. The amendment which curbed the sale of other-state lotteries in the state came into force in 2018.
As per the central government act of 1998, the state governments are entitled to frame laws on lotteries. Under this law, states are permitted to make and sell lotteries.
The Indian Parliament has authorised all states to exercise this right. No other state would be allowed to interfere in the rights of another state. If any state intervenes in the sale of lotteries of another state, it will be considered as interfering in the powers of the state.
Hence, only state government can take a decision on banning other-state lotteries in Kerala, observed the HC.