(1.) The petitioner engaged in milk transportation business for the past 20 years has preferred this writ petition challenging the inclusion of experience clause in the tender notification issued by the 2nd respondent dated 07/01/2019, inviting bid from the transporters having minimum 3 years experience in the preceding 5 years in milk tanker operation in Government/Government undertaking/ co-operative diaries as discriminative and restrictive. Besides, the petitioner also questions the authority of the 2nd respondent to invite tender in the absence of the elected board and during the Election Code of Conduct, in view of notification to the elections to the Co-operative Society was in force.
(2.) Background facts of the case are as follows:
(3.) In the said circumstances, when the writ appeals came up for hearing on 03/07/2018, the Division Bench of this Court has passed the following order:-