M/S Annu Computer, Proprietorship Firm vs. The State Of Bihar Through The Chief Electoral Officer

Facts

The petitioner, M/s Annu Computer, challenged the technical qualification of respondent no. 7, M/s R.K. Tech, in a tender process initiated by the Samastipur District Election Office for the publication of a photo voter list. The petitioner alleged that M/s R.K. Tech submitted a false affidavit, violating Clause 12 of the Notice Inviting Tender (NIT), which requires bidders to declare no pending legal action or prosecution against the firm or its employees for any inappropriate, criminal, or illegal act related to elections. The petitioner pointed to Mithanpura P.S. Case No. 152/2017, involving allegations of forged election cards, against employees of M/s R.K. Tech. The petitioner's objections were allegedly not disposed of before the financial bid opening. The Technical Bid Evaluation Committee's decision, communicated on October 16, 2023, qualified M/s R.K. Tech.

Held

The Court allowed the writ petition. It held that the State respondents, despite being aware of the petitioner's objections regarding Mithanpura P.S. Case No. 152/2017 and the alleged involvement of M/s R.K. Tech's employees, failed to properly dispose of these objections before proceeding with the financial bid opening. The Court noted that the respondent no. 7 (M/s R.K. Tech) did not deny the averments made in paragraph 23 of the petition concerning the FIR and charge-sheet, and deliberately chose not to furnish a list of its employees. The Court found that the State respondents' actions, including overlooking the debarment of M/s R.K. Tech in Kishanganj and their active cooperation with respondent no. 7, indicated a collusive attempt. The Court concluded that the respondents were duty-bound to inquire into the allegations and decide the objection petition before finalizing the financial bid. Consequently, the decision of the Technical Bid Evaluation Committee dated 14.10.2023, communicated via memo no. 1302, and any consequential orders were set aside.

Key Issues

1. Whether M/s R.K. Tech was disqualified from the tender process for submitting a false affidavit, in violation of Clause 12 of the NIT, due to pending criminal proceedings against its employees in Mithanpura P.S. Case No. 152/2017? (Question of law and fact) 2. Whether the Technical Bid Evaluation Committee's decision to qualify M/s R.K. Tech was arbitrary and illegal, given the petitioner's objections and the alleged suppression of material facts by M/s R.K. Tech? (Question of law and fact) Petitioner's Arguments: - M/s R.K. Tech should have been disqualified for submitting a false affidavit as its employees were involved in Mithanpura P.S. Case No. 152/2017 concerning forged election cards. - The firm had previously been disqualified in Kishanganj for a similar reason. - The decision of the Technical Bid Committee was not communicated, and the petitioner's objections were not adjudicated before the financial bid opening, rendering the process unlawful. Revenue/State's Arguments: - The State respondents, through the Incharge District Prosecution Officer, Muzaffarpur, informed that there was no involvement of R.K. Tech or its employees in Mithanpura P.S. Case No. 152/2017 based on record perusal. - M/s R.K. Tech furnished an affidavit stating no legal action was pending against its firm, proprietor, or employees related to election activities.