HARISINGH MAHUWA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals arise out of the same Order passed by the learned single Judge of this Court. As both the parties are aggrieved by the impugned Order, the original petitioner has filed D.B. Civil Special Appeal No. 129 of 1997 and the respondent has filed D.B. Civil Special Appeal No. 1408 of 1996. Both these appeals were heard together and are being decided by this common Judgment.

(2.) The appellant in D.B. Civil Special Appeal No. 129 of 1997 Shri Hari Singh Mahuwa, who was the petitioner before the learned single Judge in S.B. Civil Writ Petition No. 2717 of 1996 is a sitting Member of the Rajasthan Legislative Assembly. He was also a Member of the Legislative Assembly between the years 1980 to 1985 and between the years 1990 to 1992.

(3.) The State of Rajasthan issued an International Competitive bid bearing notice for widening, strengthening and reconstruction of Alwar-Bhiwadi Road in the year 1989 to be financed by the World Bank. As under the conditions of the World Bank Loan, the contract was to be given through International Competitive bids (Global Tender) such tenders were invited before the tenders, pre-qualification tenders were invited for judging the suitability of the tenderers. A Committee set up by the State of Rajasthan approved the following eight Contractors in the pre-qualifications tenders.