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N. UNNI KRISHNAN NAIR
Pisa Pama S/o Late Pisa Chapo – Appellant
Versus
State of Arunachal Pradesh – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. M. Biswas, learned counsel, along with Mr. N. Handique, learned counsel, appearing on behalf of the petitioner. Also heard Ms. Pubi Pangu, learned Government Advocate, appearing on behalf of Respondent No. 1; Mr. Binter Picha, learned standing counsel, Department of Rural Development, Government of Arunachal Pradesh, appearing on behalf of Respondents No. 2, 3, 4, 5, 6 & 7 and Mr. Dilip Mazumdar, learned senior counsel, assisted by Mr. Taja Garam, learned counsel, appearing on behalf of Respondent No. 8.
2. The challenge in the present proceedings instituted by the petitioner is to a Letter of Intent (LoI), dated 08.01.2024, issued by the Director, Department of Rural Development, Government of Arunachal Pradesh, to the Respondent No. 8 firm, by holding him to be the lowest bidder in pursuance to a Notice Inviting Tender (NIT), dated 11.08.2023.
3. The Notice Inviting Tender (NIT), dated 11.08.2023, was so issued inviting bids from approved and eligible contractor/vendor/ firm of Kurung Kumey District for “Supply and Procurement of Materials under MGNREGA-2023-24, in respect of CD-Block Koiloriang, Kurung Kumey District, Arunachal Prade
The petitioner's duty to disclose all material facts without suppression or distortion, and the consequences of failing to do so, as established by the court's decision.
The importance of full and fair disclosure of all material facts when invoking the court's jurisdiction, and the consequences of suppressing material facts in a writ petition.
The court emphasized that the award of contracts should be in public interest and not interfered with unless there is evidence of malafide or irrationality.
Judicial intervention in tender processes is limited to cases of clear procedural violations or arbitrariness, emphasizing the importance of transparency and adherence to established norms.
An unsuccessful bidder lacks standing to challenge the issuance of a Letter of Intent when disqualified for failing to meet mandatory requirements.
An unsuccessful bidder cannot challenge the award of a tender if disqualified in the technical evaluation, as they lack standing to do so.
The main legal point established in the judgment is that the authority approving tenders must act within the scope of their authority and provide justifiable reasons for their decisions, especially i....
The Court established that compliance with all eligibility criteria in tender documents is essential, but public interest may prevent judicial interference in ongoing contracts.
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