Kerala HC refuses to stay lottery ordinance
Kochi: Kerala High court on Wednesday refused to
stay the newly promulgated lottery ordinance of the state
Even though the senior counsel from the Supreme court,
Althaf Ahamed, who appeared for the petitioner, Megha
Distributors, challenging the ordinance, insisted on a stay
order or status quo, Justice C K Abdul Rahim deferred the case
to Nov 12 for further consideration.
Megha Distributors criticised the legality o the ordinance
and contended that the state government had no power to
legislate on lotteries and bring restrictions in the sale of
lotteries through indirect methods.
The government counsel sought time to address the court to
reply to the arguments made by the petitioner.
The government yesterday filed a counter affidavit
justifying the ordinance amending the Kerala Tax on Paper
Lotteries Act 2005 and said the state had not abused or
misused legislative or executive powers by its promulgation.
The act was within the legislative competence of state
legislature and perfectly valid and enforceable.
The government also stated that the centre had not taken
any action against those who violated lottery rules and the
state had not 'absued or misued' legislative and executive
The case had received wide media attention when Congress
spokesperson and senior advocate Abishekh Singhvi appeared for
Megha Distributors in the case shortly before the panchayat
polls when the Congress in Kerala was battling tooth and nail
with the cpi(M) led government over the lottery issue.
Singhvi later decided to withdraw from the case after
seeking adjournemnt till Nov 3.
When the case came up today, Althaf Ahamed appeared for