JUDGMENT (CAV)

1. Heard Mr. Ashish Giri, learned counsel for the petitioners and Mr. Mithilesh Kumar Upadhya, learned AC to Government Pleader-3 for the State.

2. The petitioners/company has challenged the order of blacklisting dated 08.11.2019 (Annexure-4) issued under the signature of Deputy Election Commissioner, Gopalganj whereby the petitioners/company has been blacklisted from participating in any tender published in the District of Gopalganj.

3. The facts giving rise to this petition is that pursuant to the NIT for preparation of voters list for sixth Vidhan Sabha segment in the parliamentary constituencies of Gopalganj under two bidding system published vide NIT dated 08.08.2019 (Annexure-1), the petitioners/company also submitted its bid and was declared successful in the tachnical bid. The total 26 items were published for tender. In the financial bid for 12 items, the petitioners/company was rated to be the lowest tenderer because of its having quoted zero rate. For the other 10 items, petitioners/company was again found to be the lowest tenderer and for remaining four items, one company in the name of M/s Datatek Software Solution Pvt. Ltd had quoted the lowest price. For