SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2015 Supreme(Ker) 1654

IN THE HIGH COURT OF KERALA
A.V. RAMAKRISHNA PILLAI, J.
Kerala Government Contractors Federation - Petitioner
v.
State of Kerala - Respondent
W.P.(C) No.15444 of 2015 and connected cases
Decided On : 05-10-2015

Advocates:
Advocate Appeared:
For the Petitioner:Raju Joseph (Sr. Advocate), J. Julian Xavier & Roy Chittezham Abraham
For the Respondents:K. Jaju Babu (Sr.Advocate), P.P. Jacob, M.U. Vijayalakshmi & Anitha Raveendran (Government Pleader)

Headnote:

Kerala Panchayat Raj (Execution of Public Works) Rules 1997 - Work Contract - E-Tender - Executive Order - Imposition of norms issued by the High Court while granting E-tender/Contract - Held, Court cannot find any genuine reason for diluting the procedure for limiting the works that can be handled by the beneficiary committee. If it is done, this Court would be unsettling the present position and would be giving chance to have large scale malpractices - Some interested persons are making undue benefits through this process which were published in a news item published in one of the leading Malayalam dailies which was produced and marked - As the evidentiary value of the same is disputed, I am not inclined to make any comments on the same - Attempt to withdraw Contract/Tender is against the order of High Court

JUDGMENT :

1. The issue involved in these writ petitions relate to the mode of implementation of developmental and public works under the different local authorities in the State. While some of the petitioners allege that the same has to be implemented through e-tendering process, some of the petitioners would insist for the implementation of these works through beneficiary committees of the local authorities.

2. The petitioner in W.P.C. Nos.15444/2015 and 20172/2015 is the District Committee (Pathanamthitta) of Kerala Government Contractors Federation. They allege that the Local Self Government Department is trying to cancel e-tendering which is implemented in certain Panchayats overlooking the directions in the judgment of this Court.

3. The petitioner alleges that it is a registered association having 200 members consisting of A-class, B-class and C-class contractors. They allege that as per order dated 28.9.2013, the Government took a decision to implement e-tender system in Local Self Government Department for all tenders worth Rs.5 lakhs and above. This decision was challenged before this Court in W.P.C. No.28179/2013 and connected cases and this Court vide judgment dated 20th January 2015 repelled the contentions against the implementation of e-tendering. The petitioner further points out that the Government again, as per order dated 7.5.2014, reiterated that e-tender should be adopted for all works costing Rs.5 lakhs and above from the financial year 2014-2015 specifically stating that non-procurement of digital signature cannot be an excuse for waving e-tender. The petitioner points out that when there was an attempt to deviate from the aforesaid decision of the Government, a writ petition was filed by the petitioner before this Court for a direction to follow the aforesaid order. However, when the same came up for hearing, it was undertaken on behalf of the Government that from the financial year 2015-2016, the aforesaid order would be followed and on the basis of the said submission, W.P.C. No.16477/2014 was disposed of by judgment dated 10th July 2014 directing the third respondent therein to follow the guidelines in the aforesaid G.O. from the next tender onwards. The petitioner alleges that thereafter the Government issued order dated 30.4.2015 stating that all the public works above Rs.5 lakhs have to be implemented through e-tendering. The petitioner points out that the malpractice committed while the works were entrusted to the beneficiary committees was highlighted in several reports. The grievance of the petitioners is that under the pretext that Kannur District Panchayat, Block Panchayats, Presidents Association and Pathanamthitta District Panchayat expressed difficulty in e-tender, the Convenor of the State Decentralisation Co-ordination committee constituted a sub committee to consider the issue. According to the petitioner, to its knowledge, the sub committee reported that there cannot be deviation from e-tender as stipulated in the previous notification issued by the Government. Apprehending that the convenor of the State Decentralisation Co-ordination committee would deviate from e-tendering to favour interested persons, the petitioner submitted his representation dated 22nd May 2015 before the convenor. It is with this background, the petitioner has approached this Court with W.P.C. No.15444/2015.

4. In the aforesaid writ petition, this Court passed an interim direction to hear the petitioner in the meeting scheduled to be held on 27.5.2015. In the second writ petition, i.e. W.P.C. No.20172/2015, the petitioner alleges that even though the petitioner approached the Secretary, Local Self Government (E.W.) Department on 27.5.2015, no opportunity of hearing was afforded. Thereafter a notice dated 17.6.2015 was issued to the petitioner by ordinary post calling upon him to attend the hearing on 19.6.2015. In the absence of the petitioner and his family members, a notice was affixed on the gate of the residence





















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top