Back
BHASKAR RAJ PRADHAN
Sonam Tsewang Bhutia – Appellant
Versus
State of Sikkim Through, The Chief Secretary – Respondent
JUDGMENT
Bhaskar Raj Pradhan, J. - The petitioners challenge the tender process and seek quashing of the bid opening summary dated 14.03.2022 and eight work orders bearing Memo Nos. 1 to 8/WO/JJM/BAC/NDK/2021-22 all dated 29.03.2022 (work orders) awarded in favour of respondent nos. 6, 7 and 8 by the State-respondents after the decision of the Gram Sabha of Gnathang Gram Panchayat Unit headed by the respondent no.5 (the Panchayat Sabhapati) in its meeting held on 14.03.2022 on the ground that he favoured them as they were his relatives. The petitioners also seek re-tender of all the works.
2. These work orders relate to Rural Water Supply Schemes at Changu, Chipsu, Thegu, Yakla, Sherathang, Kupup and Gnathang.
3. According to the petitioners, the petitioner nos. 1, 2 and 3 are eligible Grade-IV contractors residing in Gnathang GPU and the petitioner no.4 is a Grade-II contractor and a former Panchayat of Gnathang GPU. The petitioners alleged that the Panchayat Sabhapati was related to respondent nos. 6, 7 and 8 who ultimately were awarded the tenders by an arbitrary, illegal and malafide process.
4. It is the specific allegation of the petitioners that the Panchayat Sabhapati conducted
Judicial intervention is required to address malafide conduct in public tender processes, emphasizing fairness, transparency, and adherence to legal guidelines.
The court emphasized the need for fairness and transparency in the tender process and held that the principles of judicial review apply to prevent arbitrariness or favoritism in the exercise of contr....
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.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
Condition of attending pre-bid meeting as prescribed in the public notice before the tender document was uploaded and was permitted to be downloaded, cannot be said to be arbitrary or mala fide.
Judicial review in contractual matters is limited to evaluating decision-making processes and does not extend to substituting the authority's decisions unless clear evidence of arbitrariness or mala ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
