Back
VIBHA KANKANWADI, S. G. CHAPALGAONKAR
Jawahar Speakers And Mandap Contractor – Appellant
Versus
District Collector – Respondent
JUDGMENT/ORDER
VIBHA KANKANWADI, J. - Rule. Rule made returnable forthwith. Heard learned counsel appearing for the respective parties finally, by consent.
2. By present Writ Petition, the petitioner seeks to invoke the constitutional powers of this Court under Article 226 of the Constitution of India to challenge the order dtd. 28/2/2024 passed by respondent No.1 refusing to open the financial bid of the petitioner and seeks directions to respondent No.1 to issue work order in favour of the petitioner and further restraining the respondents from taking further steps including publication of fresh tender pursuant to the impugned order dtd. 28/2/2024.
3. It is the case of the petitioner that respondent No.1 floated tender bearing No. 10 of 2023 on 6/12/2023 for supply of electrical appliances, sound systems and other necessary items on rent basis for conducting the ensuing elections of Lok Sabha / Vidhan Sabha General Elections 2024. The tender was published on 7/12/2023 and last date for submission of tender was 22/12/2023 up-to 6.00 p.m. The petitioner participated in the said tender process and paid requisite EMD amount. The tenders submitted by the petitioner and other tenderers
Tender - Tender conditions are required to be read as provided in the tender document and if there are two views or construction possible than the view of the authority interpreting the tender docume....
The court upheld the authority's discretion in setting eligibility criteria for tenders, emphasizing that judicial review is limited to cases of arbitrariness or unreasonableness.
Public authorities must ensure fairness and non-arbitrariness in tender processes, adhering to established eligibility criteria.
The main legal point established in the judgment is the limited scope of judicial review in tender conditions, emphasizing the authority of the tendering entity to interpret and appreciate its requir....
Judicial review of tendering decisions is limited to assessing legality, with courts refraining from substituting the tender authority's decisions unless in cases of illegality or manifest arbitrarin....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
