HC dismisses appeal filed by Kerala on Sikkim Lottery issue

Kochi, Mar 30 (UNI) A Division Bench of the Kerala High Court today dismissed the appeal filed by the state against the judgement of the single judge, which held that the show cause notice against the promoters of the Sikkim lottery was without jurisdiction.

The bench comprising acting Chief Justice K S Radhakrishna and Justice M N Krishnan also took the view that even if the lottery was conducted in violation of section 4 of the Lottery (Regulation ) Act, the state had no power to regulate or prohibit it unless the state was a lottery free-zone.

The state in its appeal submitted that the government had inherent jurisdiction to cancel the registration.

The Court also considered that the appeal filed by the Director of Lotteries, Sikkim Lotteries, who was aggreived by the judgement of the single judge, directing the Centre to look into the complaint that the conduct of the lotteries by the state of Sikkim was in violation of the provisions contained in section 4 of the Lottery Act.

The Division Bench by allowing the appeal observed that the single judge was not justified in suo motu impleading the Centre (who were not parties while filing the writ petition) and giving direction to examine the complaint whether the promoters of Sikkim lotteries selling lottery tickets in Kerala was in violation of section 4 of the Lottery (Regulation) Act.

UNI