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Judgment
(Per: Hon’ble Manoj Kumar Tiwari, J.)
Petitioner is challenging the order passed by Nagar Palika Parishad, Nainital, whereby his bid for installation of swings and electrically driven pulleys during Maa Nanda Devi Mahotsav, 2026, was rejected on the ground that he does not possess electricity safety license, issued by the competent authority in State of Uttarakhand.
Petitioner contends that in the e-Procurement notice dated 11.8.2026, issued by Nagar Palika Parishad, there was no such condition mentioning that electricity safety license possessed by a bidder must be issued by the competent authority in State of Uttarakhand and petitioner is having license issued by the competent authority in State of Uttar Pradesh, which is sufficient compliance of the condition mentioned in Clause 15 of the e-Procurement notice.
Per contra, Mr. K.P. Upadhyaya, learned Senior Counsel appearing for the respondent no. 5, submits that as per Regulation 31 of Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2023, an electrical contractor having license issued by the State Government alone is entitled to deal with electrical installation work, including additions, alterations, repairs and adjustments to existing installations. He relies upon second proviso to Regulation 31 for contending that except mines, oil-fields, railways and the works executed for or on behalf of Central Government, electrical contractor having license issued by other States would not be eligible for carrying out electrical installation work. He thus submits that since petitioner is not having electricity safety license issued by the competent authority in State of Uttarakhand, therefore, as per Regulation 31 of the aforesaid Regulations, he is not eligible for undertaking any electrical installation work in State of Uttarakhand.
Regulation 31 of Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2023, is reproduced below:
“31.Precautions to be adopted by consumers, owners, occupiers, electrical contractors, electrical workmen and suppliers. - (1) No electrical installation work, including additions, alterations, repairs and adjustments to existing installations, except such replacement of lamps, fans, fuses, switches, domestic appliances of voltage not exceeding 250 V and fittings as in no way alters its capacity or character, shall be carried out upon the premises of or on behalf of any consumer, supplier, owner or occupier for the purpose of supply to such consumer, supplier, owner or occupier except by an electrical contractor licenced in this behalf by the State Government and on its behalf under the direct supervision of a person holding a certificate of competency and by a person holding a permit issued or recognised by the State Government:
Provided that in the case of works executed for or on behalf of the Central Government and in the case of installations in mines, oil-fields and railways, the Central Government and in other cases the State Government, may, by notification in the Official Gazette, exempt on such conditions as it may impose, any such work described therein either generally or in the case of any specified class of consumers, suppliers, owners of occupiers:
Provided further that in the case of works executed for or on behalf of the Central Government and in the case of installations in mines, oil-fields and railways, an electrical contractor having licence issued by any State Government or Union Territory administration shall not require licence from other State Government in which the works are to be executed.
(2)No electrical installation work which has been carried out in contravention of sub-regulation (1) shall either be energised or connected to the works of any supplier.”
Mr. D.S. Patni, learned Senior Counsel appearing for Nagar Palika Parishad, submits that work order was issued to respondent no. 5 on 5.9.2026 and he has deposited entire amount as per condition of e-Procurement notice; respondent no. 5 has transported all necessary fixtures, including electrical appliances to the Mela site; Maa Nanda Devi Mahotsav is going to commence from 15.9.2026 and minimum a week’s time is needed to complete the work of installation of swings, electrically driven pulleys and other electrical equipments.
Having regard to the fact that Maa Nanda Devi Mahotsav is going to commence on 15.9.2026 and the successful bidder has transported all necessary fixtures, appliances, etc. to Mela site at Nainital, therefore, any interference with the work order at this stage would not be warranted. We, accordingly, dispose of the writ petition. However, question of law raised by the petitioner is left open.