Non-participants cannot challenge tender process, says HC, Legal News, ET LegalWorld – Legal Firms


BENGALURU: Individuals who don’t participate in a tender have no locus standi to question the tender process or conditions stipulated in the tender notification and challenge the same, the high court has said.

Dismissing a petition filed by Mahalakshmi Engineering Works, Mysuru, and Suresh Kumar from Tumakuru, who are engaged in electrical works, Justice M Nagaprasanna has pointed out that in the NHAI Vs Gwalior Jhansi Expressway Ltd case, the Supreme Court had held that those who chose to stay away from the tender process cannot be heard to whittle down the rights of eligible bidders who had participated in the process on the basis of written and express terms and conditions.

At the culmination of the tender process, if an individual has not participated, he cannot be seen to question the terms and conditions, the judge has said.

Bescom had issued a tender notification on March 28, 2022 for repair, reconditioning and distribution of transformers. However, by a corrigendum notification on April 13, four tenders were cancelled and the total was restricted to 50. Out of these, 10 were restricted to SC/ST category but the same were quashed by the high court. After these developments, the Bescom re-tendered those 10 tenders, restricting them to SC/ST category.

The petitioners, who claim to belong to the SC/ST category, had sought re-tendering of all the 50 tenders. According to them, they were precluded from participating in the tender earlier, as they came within the 10 tenders which were reserved.

On the other hand, Bescom argued that the petitioners who have never participated in the tender cannot point out any lacunae.





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