HITESH MEHTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner has impugned the resolution dated 13th January, 2011 adopted in special meeting of Nagar Panchayat, Keshkal, whereby Nagar Panchayat has cancelled its earlier resolution dated 29.11.2010 and directed the Chief Municipal Officer to invite fresh tenders for purchase of electrical appliances. Smt. Renu Kochar, learned counsel for the petitioner submits that the Council vide its resolution dated 29.11.2010 had approved the proposal of the Executive Engineer, whereby he had recommended to accept the tender of the petitioner for purchase of electrical appliances for the Council. However, the aforesaid resolution has been cancelled within less than 3 months of its adoption, without following the procedure prescribed in Section 65 of the Chhattisgarh Municipalities Act, 1961 (in short "the Act, 1961"). After canceling the resolution, the Council has invited fresh tenders vide tender notice dated 18th March, 2011 (Annexure P/5). The subsequent resolution being contrary to the statutory provisions prescribed under Section 65 of the Act, 1961, is illegal and therefore, inviting fresh tender for the work, for which the Council had already resolved to approve the offer of the petitioner, is also illegal and deserves to be set aside.

(2.) Heard learned counsel for the petitioner and perused the impugned note sheet. From perusal of the resolution dated 13th January, 2011, it is found that the matter was placed before the Council at the request of President, Vice President and 10 members of the Council for re-consideration of resolution dated 29.11.2010 and the same has been unanimously adopted by the Council. Canceling the earlier resolution dated 29.11.2010, it has been further decided to invite fresh tenders as earlier rate accepted by the Council was considered to be on higher side. From perusal of the resolution, we find that the same has been carried out after substantially following the provisions of Section 65 of the Act, 1961. Since the Council has decided to re-tender and it is open to the petitioner to participate in the re-tender process, no interference is called for in the matter. There is no substance in this, petition, the same deserves to be and is, accordingly, dismissed at the admission stage itself.