The Hon’ble Division Bench of the Hon’ble Kerala High Court consisting of Hon’ble Justice SV Bhatti and Hon’ble Justice Bechu Kurian Thomas set aside the judgment of Hon’ble single-judge bench of the same court that prevented the State Government from indulging in purchasing, marketing, and sale of lottery tickets of Nagaland government in the State of Kerala.
In the earlier judgment, the Hon’ble single-judge had declared ultra vires the amendments that brought changes in Kerala Paper Lotteries Rules in 2018. The changes in the act were for the regulation of lotteries concerning its marketing and sale by other states in the State of Kerala.
In the present pronouncement, the Hon’ble Court upheld that the State Government is competent to make rules for having a watch over the conduct of lotteries by the Organizing State in the state where it is being organized
Moreover, the Hon’ble Court also held that Rules that allow the State Government, where the lotteries are organized to take action against the Organizing State cannot be pleaded on the ground of its validity.