Case Note & Summary
The petitioner, M/S. Sree Bhyraveshwara Electrical Works, a proprietorship concern represented by its managing partner Smt. Roopa B.L., filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petition challenged a tender notification dated 24-10-2024 issued by the Bangalore Electricity Supply Company Limited (BESCOM) through its Deputy General Manager (Operations-1). The tender was for repairs and reconditioning of 11 KV class single coil/multi coil conventional (Aluminium wound) and 3, 4, 5 star rated failed Distribution Transformers of various capacities from 25 to 250 KVA and conversion of CSP to conventional bolt and nut type on lumpsum rate basis at Transformer repair center in Davanagere Taluk. The petitioner sought quashing of the tender notification and a consequential mandamus for issuance of a fresh tender notification. However, the petitioner did not participate in the tender process. The court heard Sri Vijaya Raghava Sarathy H.M., learned counsel for the petitioner, and Sri S. Sriranga, learned senior counsel for the respondents. The court observed that the petitioner, having not participated in the tender, had no locus standi to challenge the tender notification. The court dismissed the petition, holding that a person who does not participate in a tender cannot question its terms. The decision was based on the principle that only an aggrieved person who has participated in the tender process can seek judicial review of the tender conditions.
Headnote
A) Constitutional Law - Locus Standi - Non-participation in Tender - Article 226 of the Constitution of India - The petitioner, who did not submit a bid or participate in the tender process, lacks standing to challenge the tender notification. The court held that a person cannot question the terms of a tender without having participated in it, as there is no cause of action. (Para 3-4)
Issue of Consideration
Whether a person who did not participate in a tender process can maintain a writ petition challenging the tender notification.
Final Decision
The writ petition is dismissed. The petitioner, having not participated in the tender, has no locus standi to challenge the tender notification.
Law Points
- Locus standi
- Non-participation in tender
- Judicial review of tender conditions
- Article 226 of the Constitution of India
