The main legal point established is the requirement for the Collector to provide the outer limit for the period of closure/suspension of a liquor shop under Section 142 of the Act.

JUDGMENT

Mangesh S. Patil, J. - Heard. Rule. The Rule is made returnable forthwith. The learned AGP waives service for the respondent Nos.1 to 3. The learned advocate Mr. Gaikwad waives service for respondent No.4. The learned advocate Mr. Rode holding for Mr. Ingole waives service for respondent No.5. Also heard the learned advocate Mr. Hande for the Intervenor. At the request of all the matter is heard finally at the stage of admission.

2. The petitioner holds a CL-III licence No.95 issued under the Maharashtra Prohibition Act (hereinafter the Act) for village Naigaon (Dh.) Tq. Dharmabad District Nanded. She is impugning the judgment and order of the respondent No.2 Collector passed under Section 142 (1) of the Act directing closure of her liquor shop upholding the resolution passed by the Grampanchayat stated to have been passed in terms of the order passed by the State Government under Section 139 of the Act dated 25.03.2008 as amended by the subsequent order dated 12.02.2009 (hereinafter the Order under Section 139).

3. The learned advocate for the petitioner submitted that the decision of the Collector was solicited pursuant to the enabling provision contained in Clause 3 (3A) of the order under Section 139. However, the procedure prescribed thereunder was not followed. It requires a representation in writing to be made by 25% of women voters or total voters in any village to the Superintendent of State Excise demanding closure of a liquor shop in a village. Such application is thereafter to be verified by the Superintendent of State Excise. After such verification regarding its authenticity, the Collector has to direct the Tahsildar to take a secrete poll. The Tahsildar thereafter has to declare the place, date and time of the election at least seven days in advance. The list of voters is to be used for that purpose. The election is to be conducted under the supervision of the concerned Tahsildar or an officer not below the rank of Naib-Tahsildar as is authorized by him. Even Inspector of State Excise has to be present during the poll and the resolution has to be passed for closure of the liquor shop by 50% of women voters or total voters of the Village. It is after following such an elaborate procedure that the Collector can pass an order under Section 142 (1) for closure of the liquor shop.

4. He would demonstrates from the papers that none of this prerequisites were followed and still ignoring everything, the Collector by the impugned order has directed closure of the liquor shop. The decision is absolutely illegal besides being perverse and arbitrary.

5. The learned advocate, in the alternative, would submit by referring to the decision of this Court in the case of Vithal Mallu Chintalwar VS. State of Maharashtra and Ors.; 2017 (3) Mah. L.J. 661 that apart from the above state of affairs, if the Collector was to exercise the power under Section 142, it was imperative on his part to have prescribed the period for the closure of the shop as is mandated for in that provision. He would therefore submit that the impugned order is grossly erroneous and may be quashed and set aside.

6. The learned AGP as also the learned advocates of other respondents and the learned advocate for the Intervenor unanimously submit that there is no perversity or arbitrariness muchless any illegality in the impugned order. The Collector has considered and rightly decided the matter by invoking Clause 3(1) of the order under Section 139 and not Clause 3(3A). There is a difference between these two clauses. For the purpose of Clause 3(1) a Collector can direct closure of a liquor shop if not less then 50% women voters present in the Gram Sabha pass a resolution by a simple majority and which resolution is to be passed in accordance with the provisions of the Maharashtra Village Panchayat Act, 1958 and the Rules framed thereunder. Photo identity of the voters is to be produced before the Gramsabha for verification, in the absence of which Secretary of