SUNIL KUMAR SINHA, J.

1. Petitioner, J. Geetha, is proprietor of M/s. Sri Krishna Agency. This is a proprietary concern for running the lottery business. She has filed this Petition for quashing of Rule 4(3)(a)(i) and (iii) of the Sikkim State Lottery Rules, 2003 (hereinafter referred to as ‘Rules, 2003’), as also the Notice Inviting Tender (NIT) dated 12th November, 2014, published in newspapers on 14th November, 2014, wherein the above clauses have been incorporated as the essential qualifications for the tenderers to participate in the tender process.

2. The Parliament enacted the Lotteries (Regulation) Act, 1998 (hereinafter referred to as ‘the Act, 1998’), to regulate the lotteries, which came into force on the 2nd day of October, 1997. Section 11 of the Act gave power to the Central Government to make Rules. Likewise, Section 12 gave power to the State Government to make Rules to carry out the provisions of the Act, 1998. The Central Government did not frame Rules for a very long period. However, it ultimately framed the Rules under the said provision in the year 2010, i.e. The Lotteries (Regulation) Rules, 2010 (hereinafter referred to as ‘the Rules, 2010’). Much pri