KISHORE CHANDRAKANT SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of parties, the writ petition is taken up for final hearing.

(2.) The short question raised in this Public Interest Litigation ( PIL for short) is, where the tender condition provides that the tenders received below the minimum bid amount would be rejected and the highest tender received pursuant to the said tender is below the minimum bid amount, then, is it open to the Government / Corporation to award contract to that highest tenderer without inviting fresh tenders

(3.) The petitioner, ex-mayor of Sangli and presently a Corporator / Councillor in the Sangli Miraj Kupwad City Municipal Corporation Corporation for short) has filed this PIL to challenge the order of the State Government dated 6th November, 2007 wherein the proposal submitted by the Corporation to award the contract to the respondent No.3 below the minimum bid price fixed under the tender has been approved. On such approval, the Corporation has awarded the contract to the respondent No.3 for collecting octroi duty within the jurisdiction of the Corporation for a period of one year. According to the petitioner, the contract awarded to the respondent No.3, which is below the minimum bid fixed is not in public interest.