CHANDRA PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant writ petition has been filed for quashing the Short Notice inviting Tender No. 01/2019-20, issued by the respondent no. 3 and published in the daily Hindi News Paper 'Dainik Jagaran' on 11.12.2019 as also the Short Notice inviting Tender No. 02/2019-20, published in the daily Hindi newspaper 'Hindustan' on 28.12.2019, whereby and whereunder tender has been invited for 87 different schemes to be carried out under the territorial jurisdiction of Naubatpur Nagar Panchayat notwithstanding the fact that the State Election Commission vide its Memo dated 05.12.2019 has already notified the general election in Naubatpur Nagar Panchayat.

(2.) The short argument made by the learned counsel for the petitioner is that since the election commission had sent the programme of the election for Naubatpur Nagar Panchayat and other Panchayats vide its letter dated 05.12.2019 to the Registration Officer (Municipality)-cum-Sub-Divisional Officer, Patna City, Danapur and Paliganj, it would be deemed that the State Election Commission had commenced the process for holding of elections, hence the model code of conduct would come into operation, thus the tender notices could not have been published by the respondent no. 3, thus the short notice inviting tender, as aforesaid, are illegal and fit to be set aside.

(3.) In this regard, the learned counsel for the petitioner has relied upon a judgment of the Hon'ble Punjab and Haryana High Court rendered in the case of Harbans Singh Jalal vs. Union of India reported in (1997) 116 PLR 778, paragraph no. 17 whereof is reproduced herein below:-