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D. K. UPADHYAYA, A. S. CHANDURKAR
Minakshi Traders – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
DEVENDRA KUMAR UPADHYAYA, CJ. - Rule. Rule made returnable forthwith and heard finally by consent of the learned counsel for the parties.
2. Since the common questions of law and facts are involved in all these three petitions, the same are being decided by this common judgment, which follows :
Preliminary facts and the challenge:
3. The Collector, Nagpur issued an e-tender notice dtd. 29/9/2023 inviting bids for setting up polling booths, supply of furniture and other auxiliary materials on rental basis to be used for conducting the impending Parliamentary General Elections 2024 in Nagpur District.
4. The challenge in all these writ petitions is to certain conditions contained in the e-tender notice dtd. 29/9/2023 and the corrigendum issued thereto, dtd. 10/10/2023 after the pre-bid meeting held on 6/10/2023.
5. In Writ Petition No.7006 of 2023, prayer made is to quash the tender notice dtd. 29/9/2023 and the corrigendum dtd. 10/10/2023.
In Writ Petition No.7023 of 2023, apart from making a prayer for quashing the tender notice dtd. 29/9/2023 and the corrigendum dtd. 10/10/2023, a prayer has also been made to stay the condition of the tender whereby the tenderers have
The formulation of tender conditions falls within the administrative domain of the authority, and judicial review is limited to preventing arbitrariness or favoritism. The courts cannot interfere wit....
Judicial review of tender conditions is restricted to cases of arbitrariness or unreasonableness, reinforcing that the authority determining eligibility criteria has the discretion and expertise in c....
Judicial review of tender criteria is limited to instances of proven arbitrariness or discrimination; valid justifications for increased financial thresholds can be upheld to promote efficiency and e....
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....
The court affirmed that stringent eligibility criteria in public tender processes cannot violate statutory relaxations for Start-ups, emphasizing limited grounds for judicial review.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
Judicial review of tenders limited to arbitrariness or malafide; eligibility conditions upheld if public interest served with multiple qualified bidders; bid time reduction valid with approval; ineli....
The main legal point established in the judgment is the limitation of judicial review in tender matters, the need for commercial prudence in evaluating tenders, and the importance of fairness and non....
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