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K.C. Gopakumar

Kochi , Dec. 5

THE Kerala High Court on Friday dismissed a writ petition filed by the Meghalaya Government and the Indian Federation of Lottery Traders and Allied Industries challenging the State Government circular imposing restrictions on the sale of paper lotteries and operation of online lotteries of other States.

The petition was dismissed by Mr Justice C.N. Ramachandran Nair. The petitioners had contended that the State Government had no power to impose restrictions on the sale of lotteries of other States.

In fact, the power had been vested with the Central Government under the provisions of the Lotteries (Regulation) Act, enacted by Parliament. The petitioners had also challenged the provisions of the Kerala State Lotteries and Online Lotteries (Regulation) Rules 2003. The restrictions were imposed under these rules.

The judge said that he did not find that the Rules 24(3) requiring the organisers of the lotteries to obtain permission of the Government were against the Lotteries (Regulation) Act and the federal set up in any manner whatsoever. The Rule 3(3) of the regulation rules-2003 was an enabling provision to ensure that only approved lotteries were sold in the State.

The rules did not violate any provisions of the Lotteries (Regulation) Act. The court observed that unless the State Government had been empowered, irreparable injury would be caused to the public.

Dismissing another contention, the Judge said that he did not think that any State Government could claim secrecy or confidentiality with respect to the income and expenses of lotteries. In fact, the State Government was expected to ensure transparency in the business of lottery.

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