JUDGMENT - D.R. DHANUKA, J. :---The Maharashtra Wine Merchants Association and Hotel and Restaurant Association (Western India) alongwith their respective presidents have filed Writ Petition No. 1824 of 1991 in this Court impugning the validity of order dated 17th May, 1991 issued by the Collector of Bombay (City), a copy of which is Exhibit B-1 to the petition. By the impugned order it is ordered that all the wine shops in Greater Bombay shall be kept closed between 18th May, 1991 and 29th May, 1991 in view of elections to Lok Sabha scheduled to be held on 26th May, 1991.

2. The Maharashtra Retail Liquor Dealers Association and Indian Hotel and Restaurant Association have filed Writ petition No. 1826 of 1991 impugning the validity of the same very order.

3. Mr. Rajeev Adyanthaya, President of Greater Bombay Retail Country Liquor Licenses Association, and two others have also impugned the validity of same very order in Writ Petition No. 1827 of 1991. The petitioner have filed these three writ petitions under Article 226 of Constitution of India.

4. It is necessary to refer to a few facts and some of the provisions of Bombay Prohibition Act, 1949 and the relevant rules in order to appreciate the nature of controversy arising in these writ petitions.

(a) Section 143 of the Bombay Prohibition Act, 1949 empowers the State Government to frame rules for the purpose of carrying out the provisions of the Bombay Prohibition Act, 1994 and in particular also with reference to the fixation of days on which the wine shops in the State shall be kept closed. In pursuance of the rule making power conferred on the State Government under the said provision, the State Government has framed various rules specifying the day on which the licensed premises under the said Act shall be kept closed. The relevant rules are as under:

(i) Rule 26 of the Maharashtra Country Liquor Rules, 1973; and

(ii) Rule 9-A of the Maharashtra Foreign Liquor (Sale on Cash, Register of Sales, etc.) Rules, 1969; and

(iii) Rule 55 of the Bombay Foreign Liquor Rules, 1953.

Rule 9-A (2)(c) of the Maharashtra Foreign Liquor (Sale on Cash, Register of Sales, etc.) Rules provides that the licensed premises shall be kept closed on the day or days on which poll is held in relation to any general election to the House of the People or the Maharashtra Legislative Assembly or any local authority in the State in the constituency in which such premises are located and two days immediately before such day of poll. It has also been the practice in the State of Maharashtra that the wine shops and other licensed premises under the Bombay Prohibition Act are kept closed on the day of election and two days immediately before the day of poll. The statutory rules referred to hereinabove have force of law.

(b) On 6th May, 1991, the Collector of Bombay (City) issued an order bearing No. FLR/CIR/1191/C-3 declaring that all the licence holders under the provisions of Maharashtra Foreign Liquor Rules, Bombay Foreign Liquor Rules, Maharashtra Toddy Shops and Toddy Free (Cutting) Rules, 1968 and the holders of country liquor licence should keep their shops closed on the day of election and two days prior to elections. The said order was in conformity with the above referred rules. The elections in Bombay City are scheduled to be held on 26th May, 1991. It was, therefore, directed that all the licence holders referred to in the said order must keep their shops closed on 24th, 25th May, 1991 and 26th May, 1991 in conformity with the provisions of the various statutory rules framed by the State Government under the Act. The relevant rules are identical in the other respects.

(c) On 17th May, 1991, the Home Secretary of Government of Maharashtra issued a wireless message to all Collectors and all the Superintendents of State Excise. The said wireless message is of material significance. The said wireless message is reproduced as Exhibit A to Wr

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