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2003 Supreme(Ker) 684

State of Meghalaya – Appellant
Versus
Union of India – Respondent


Judgment :-

The Government of Meghalaya and an Association of Lottery Traders, petitioners in this W.P., are challenging the constitutional validity of Rule 3(3) and Rule 24(3) of the Kerala State Lotteries and Online Lotteries (Regulation) Rules, 2003, hereinafter called the “Rules” and Ext.P4 notice issued there under by the third respondent. Substantially the very same issues came up in this Court in W.P.C.Nos.35368 of 2003 and connected cases and this Court upheld the validity of Rule 24(3) of the Rules and the very same notice impugned in this W.P. However, the petitioners have raised some additional points questioning the correctness of the earlier decision and virtually sought review of the said judgment and therefore this W.P. was admitted and petitioners and respondents were heard on the various issues raised and reliefs sought.

2. I have heard senior counsel, Sri. Dushyant Dave, appearing for the petitioners and Sri. V.K. Beeran, Addl. Advocate General appearing for the respondents.

3. The first contention raised by the petitioner is that Rules 3(3) and 24(3) of the Rules are unconstitutional and are also against the Lotteries (Regulation) Act, 1998. As already stated, the




















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