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BHASKAR RAJ PRADHAN, BISWANATH SOMADDER
Sonam Tsewang Bhutia – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Biswanath Somadder, CJ. - This Intra-Court Mandamus Appeal arises from an order dated 08th July, 2022, passed by a learned Single Judge of this Court in WP (C) No.34 of 2022 (Sonam Tsewang Bhutia & Ors. v. State of Sikkim & Ors.). By the impugned order, the learned Single Judge has been pleased to issue notice to all the respondents and kept the writ petition pending without passing any ad-interim order, as prayed for by the petitioners. The writ petitioners are now before this Court as appellants praying for issuance of such ad-interim order(s) as prayed for before the learned Single Judge.
1. After considering the submissions made by the learned advocates for the parties and upon perusing the pleadings on record and also the order impugned, being the order dated 08th July, 2022, we notice certain facts. The notice inviting tender is dated 28th of February, 2022. It was published on 08th of March, 2022. The writ petition was filed on 05th July, 2022. The writ petitioners were never participants in the tender process which is the subject matter of challenge before the Writ Court. However, it appears that they obtained certain information after invoking the Right to Informati
Parties without locus standi cannot seek relief in a writ petition concerning a tender they did not participate in; court emphasizes careful consideration before interfering in ongoing public works.
Judicial review in tender matters is limited; unsuccessful bidders cannot later challenge tender conditions they participated under.
The court ruled that ambiguities in tender clauses do not warrant cancellation if reasonable interpretations exist.
Judicial intervention is required to address malafide conduct in public tender processes, emphasizing fairness, transparency, and adherence to legal guidelines.
The judgment underscores the significance of complying with tender conditions, the limited scope for judicial interference in tender processes, and the availability of appeal mechanisms under Section....
The importance of approaching the court with clean hands and disclosing all material facts to avoid dismissal of the case.
The petitioner's lack of locus standi due to not fulfilling the technical qualification criteria and gross delay in approaching the court led to the dismissal of the writ petition.
The court established that transparency in the tender process is essential, and failure to comply with statutory requirements can render the tender process invalid.
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