THAGIRAM BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner herein challenges the order of the appellate authority rejecting his appeal and directing the Nowgong Mahkuma Parishad to settle the Kampur Bazar with the O.P. No. 4 at the petitioner's bid of Rs. 10,353.00 instead of at 'the latter's bid of Rs. 9,775.00; and also the order of the Mahkuma Parishad settling the bazar with O.P. No. 4 without assigning any reason.

(2.) PURSUANT to tender notice for settlement of the Kampur Bazar for one year ending 30th June, 1980, 8 (eight) persons submitted tenders amongst which the petitioner's was the highest at Rs. 10,353.00 and O.P. No. 4's was the next at Rs. 9,775.00. The Mahkuma Parishad settled the bazar with O.P. No. 4 at his bid of Rs. 9,775.00 assigning no reason whatsoever as to why the highest bid and the other bids were rejected. On appeal by the petitioner the appellate authority by its order dated 6th Sept. 1979 (Annexure-C) rejected the appeal, observing that the reason assigned by both the Executive Committee as well as by the C.E.C. was that O.P. No. 4, Shri Mukunda Rajkhowa was the only suitable person to run the bazar smoothly and so the bazar was settled with him under Rule 28 (4) of the Assam Panchayati Raj (Administrative) Rules, 1973. It further observed that the Chief Executive Councillor and the members of the Executive Committee were the best persons to select from among the tenderers as they had direct knowledge about the conduct and financial capability of those people and to judge as to who would be most suitable and capable person to run the bazar properly and smoothly in the best interest of the buyers and purchasers.

(3.) THE proceedings of the Executive Committee have been annexed to the petition as Annexure 'A'. Learned Counsel for the O.P. No. 4 has also drawn the Court's attention to a certified copy of the proceeding. In neither of the documents there is any reason whatsoever recorded for rejecting all the tenders, including the highest of the petitioner, except that of the O.P. No. 4.