Compliance with mandatory tender conditions, including the submission of statutorily verified resolutions and member lists, is essential for a valid bid. Failure to satisfy these stipulated requirements justifies the rejection of a tender, and courts will generally not interfere with such procurement decisions absent substantive arbitrariness.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. P. K. Roychoudhury, the learned counsel appearing on behalf of the Petitioner and Mr. P. Sarma, the learned Standing counsel appearing on behalf of the Respondent Nos. 1, 2 and 3. I have also heard Ms. R. Kakati, the learned Government Advocate appearing on behalf of the Respondent No.5 and Ms. G. Bordoloi, the learned counsel appearing on behalf of the Respondent No.8. None appears on behalf of the Cooperation Department on call.

2. The present writ petition has been filed challenging the order dated 11.03.2025 passed by the Managing Director, Assam Fisheries Development Corporation (for short ‘AFDC’) whereby the Borkona fishery in Barpeta District was settled in favour of the Respondent No.8 for a period of 7 (seven) years with effect from the financial year 2024-25 to 31.03.2031. The Petitioner has also sought for a further direction upon the Respondent AFDC to settle the Borkona Fishery in favour of the Petitioner for a period of 7 years in terms with Clause 11.4 of the Tender Form and Rule 13 of the Assam Fishery Rules, 1953.

3. The brief facts which led to the filing of the instant writ petition are narrated herein under:

4. AFDC floated a Notice Inviting Tender dated 22.08.2024 inviting bids for settlement of Borkona Fishery under Barpeta District by issuance of a press release. In terms with the tender documents, it was a two bid system i.e. a technical and financial bid. Various terms and conditions were mentioned in the Notice Inviting Tender dated 22.08.2024. The minimum annual settlement amount of the fishery in question was fixed as Rs.16,37,130/- and the last date of submission of the tender was fixed on 10.09.2024. Subsequently, the last date for submission of the bid was extended until 13.09.2024.

5. The Petitioner which is a Cooperative Society registered under the Assam Cooperative Societies Act, 2007 (for short ‘the Act of 2007’) submitted its bid along with 3 (three) other bidders. Pursuant to the submission of such bids, the technical evaluation was carried out on 26.09.2024 and all the bidders were found to be technically qualified. Subsequent thereto, on 30.12.2024, the financial bids were evaluated and the Petitioner’s bid was found to be the second highest after the Respondent No.8. However, taking into consideration Clause 11.4 of the Notice Inviting Tender, the committee recommended for settlement of the fishery in question in favour of the Petitioner at the highest offered annual revenue of Rs.17,82,000/-, subject to the fulfillment of all the terms and conditions of the bid document and nullification of the complaints received against them.

6. At this stage, it is relevant to take note of that there were certain allegations of fraud made against the Petitioner society vide a communication dated 29.10.2024. Subsequent thereto, vide a letter dated 11.12.2024 issued by the Assistant Registrar of Cooperative societies of Barpeta District, it was found that there was no deceased person enlisted in the AGM for the year 2023-24 held on 07.07.2024. Subsequent thereto, a letter was issued on 27.11.2024 by 9 Board of Directors of the Petitioner Society before the AFDC stating inter alia that they have not authorized the President and the Secretary to participate in respect to the tender in question.

7. While the aforesaid aspects were going on, as there was a r