New Delhi: The Supreme Court on February 7 upheld a Tamil Nadu Legislation banning
all types of lotteries in the state and dismissed a petition by Mizoram challenging
a Madras High Court order dismissing its plea for permission to allow operation of
its lottery in the Southern state.
A Bench comprising Justice S Rajendra Babu, Justice D M Dharmadhikari and Justice G
P Mathur rejected the plea of Mizoram that the state of Tamil Nadu had no
Legislative competence to enact a Law banning entry of state-operated lotteries in
its state.
Appearing for Mizoram, senior advocate Harish Salve said that as per the Supreme
Court laid-down Law, a state could ban all types of lotteries except those operated
by the states.
He said most of the North Eastern states were cash-strapped and dependant to a large
extent on the revenue generated from the lotteries operated by them.
He said though gambling and betting, being part of the state list, could be
regulated by the Legislation enacted by the state, the same did not apply to the
state-operated lotteries as it fell squarely in the Union list.
Salve said that the state of Tamil Nadu by enacting the Legislation banning all
types of lotteries had encroached upon the Central list and the same could be termed
as a "colourable exercise of Legislating power".
However, the Bench observed that the state had banned all types of lotteries,
including those operated by it, and dismissed the special leave petition challenging
the High Court order, which had also dismissed Mizoram's petition.
PTI