Kerala High Court Stays 'Dry Day' Order Near TN Border Ahead Of Assembly Elections, Finds No Legal Basis

The Kerala High Court on Tuesday (21 April) stayed an order issued by the State Government, declaring 'Dry Day' near Kerala - Tamil Nadu Border, ahead of Tamil Nadu Assembly Election on April 23, 2026

The Vacation Bench of Justice S. Manu noted that the State could not show any provision which confers such power on it. Moreover, under Section 135C of the Representation of People Act 1951 prescribes a ban on sale of liquor only within polling areas.

The development comes in a plea moved by a group of three-star hotels in Palakkad district. They approached the Court challenging the State's order imposing “dry days” within a 5-kilometre radius of Kerala-Tamil Nadu border, purportedly to ensure free and fair elections. The restriction is in force from 10 am on April 21 until midnight on April 23.

The petitioners, all holders of valid FL-3 bar licenses renewed for the 2026–27 period, argued that the State lacks statutory authority under the Abkari Act and related rules to enforce such a ban in connection with elections in another state.

They contend that the order is “ex facie arbitrary, without jurisdiction and illegal,” and infringes their fundamental right to carry on trade under Article 19(1)(g) of the Constitution.

The hotels are located between 3 and 5 kilometres from the Kerala–Tamil Nadu border and claim that their operations have no bearing on electoral processes across the state boundary.

It was further pointed that liquor outlets on the Tamil Nadu side of the border remained open during Assembly elections in Kerala. The petitioners assert that no law and order issues arose from that situation, and thus questioned the necessity and proportionality of Kerala's current restrictions.

The matter is now listed on June 08.

Case Title: Hotel Soorya Swagath v State of Kerala and Connected matter

Case No: WP(C) 15391/ 2026 and connected matter

Counsel for Petitioner: N. Raghuraj (Sr.), Vivek Menon, Rance R, M.G. Karthikeyan,

Counsel for Respondent: M. Ajay (SC - ECI) Deepu Lal Mohan (SC-ECK)