Case Note & Summary
The petitioner, Mumbai V. Konkan Vibhagiya Mahila Aydyogik Utpadak Sahakari Sanstha Mahasangh Ltd., a federation of women self-help groups registered under the Co-operative Societies Act, filed a writ petition challenging Tender Advertisement No. 1/2020 and Tender Advertisement No. 29/2020 issued by the Municipal Corporation of Greater Mumbai for the supply of Take Home Ration (THR) and Hot Cooked Meal (HCM) under the Integrated Child Development Services (ICDS) scheme. The petitioner claimed to have 217 member societies of women located in various parts of Mumbai. The main contention was that the impugned tenders violated the directions issued by the Supreme Court in its order dated 26th February, 2019 in Civil Appeal No. 2336 of 2019, which had addressed the issue of large corporate houses ousting local self-help groups through money power in such tenders. The Supreme Court had found that certain tender conditions imposed by the State of Maharashtra were contrary to the spirit of the National Food Security Act, 2013 and the policy of the Union of India, and the State had undertaken to abide by the Union's policy. The petitioner argued that the impugned tenders contained similar conditions that would exclude self-help groups. The respondents, represented by the Assistant Government Pleader, submitted that the impugned tenders were not issued by the State Government but by the Municipal Corporation of Greater Mumbai, which is a separate legal entity. The court noted that the petitioner had not impleaded the Municipal Corporation as a party and that the petition was directed against the State of Maharashtra. The court also observed that the petitioner had an alternative remedy by way of approaching the Municipal Corporation or filing a representation. The court held that the petitioner failed to establish that the impugned tenders were issued by the State Government or that they violated the Supreme Court's directions. Consequently, the court dismissed the petition, finding no merit in the challenge.
Headnote
A) Constitutional Law - Locus Standi - Challenge to Tender Conditions - Petitioner, a federation of women self-help groups, challenged tender advertisements issued by Municipal Corporation of Greater Mumbai for THR and HCM programs - Court held that the petitioner failed to establish that the impugned tenders were issued by the State Government or that they violated Supreme Court directions - Petition dismissed as the tenders were issued by the Municipal Corporation, not the State, and the petitioner had alternative remedy (Paras 1-10). B) Food Security - National Food Security Act, 2013 - Tenders for THR and HCM - Supreme Court Directions - The petitioner contended that the impugned tenders violated the Supreme Court's order dated 26th February, 2019 in Civil Appeal No. 2336 of 2019 - Court found that the Supreme Court had directed the State of Maharashtra to abide by the Union of India's policy, but the impugned tenders were issued by the Municipal Corporation, not the State - No violation established (Paras 3-10).
Issue of Consideration
Whether the impugned tender advertisements violate the directions issued by the Supreme Court in Civil Appeal No. 2336 of 2019 regarding tenders for Take Home Ration (THR) and Hot Cooked Meal (HCM) programs.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Tender conditions
- National Food Security Act
- 2013
- Supreme Court directions
- Self Help Groups
- Take Home Ration
- Hot Cooked Meal
- Locus standi
- Alternative remedy
