Premature challenge to draft prohibition rules failed; interim restraint was refused while the amendment process remained incomplete.

Interim restraint against proposed amendments to the Maharashtra Prohibition Act rules was refused because the challenge was premature. The HC held that the State could not be pre-empted from completing the draft rule-making process while objections and suggestions were still under consideration, especially since the draft rules had not yet come into force and remained subject to statutory procedure, including laying before the Legislature under Section 143. Any challenge to the amended rules would arise only if and when they were actually notified and enforced.

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Issues: Whether interim restraint could be granted to prevent the State from proceeding with draft amendments and notifications when objections and suggestions were still under consideration and the amended rules had not yet come into force.

Analysis: The relief sought was directed against proposed amendments under the Maharashtra Prohibition Act, 1949, before the draft rules were finalised or brought into force. The Court held that it would be premature to pre-empt the State Government from amending the existing rules, especially when objections and suggestions had been invited and could still be considered. The Court also noted that the draft rules were subject to the statutory procedure under Section 143 of the Maharashtra Prohibition Act, 1949, including laying before the Legislature, and that modifications could still occur. Since the petitions challenged only the earlier Government Resolution and Circular, any challenge to the amended rules would arise only if and when those rules were actually notified and enforced.

Conclusion: Interim relief was refused and no direction was issued to restrain the State from proceeding with the proposed amendments.

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