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Judgment
Looking to the nature of controversy, we have heard the matters finally by issuing Rule and making it returnable forthwith by consent of Shri U.K. Bisen, Shri Biradkar R.D. and Shri Palodkar Devdatt P., learned counsel for the petitioners in respective petitions and Shri S.M. Ukey, learned Additional GP for the respondents - Government authorities.
The challenge is to para 3 of Government Resolution dated 12.07.2016, relaxing condition of eauction.
The reasons pressed for deviating from etender while allotting works under MLA fund up to Rs.10 lakh cannot be said to be valid. If there is urgency and no response, etender process itself provides for alternatives. The etender process has been initiated to instill transparency in the entire exercise. The affidavit on behalf of the respondents shows that earlier works up to Rs. Three lakh were exempted from the condition of etender. Now that limit has been raised to Rs. Ten lakh only for works to be completed out of MLA funds. It is further mentioned that in some cases even after fifth call, there was no response. These details are placed because of orders of this Court dated 09.03.2017.
The urgency of a work or then any other exigency will not justify a separate treatment only because MLA funds are to be spent to meet it. All emergent demands can be met with by the respondents by awarding the work in transparent manner only. They also may have contractors on their panel for repairs and maintenance works. It is not their case that MLA funds are spent on only urgent needs.
We, therefore, find that no exception can be made in works up to Rs. Ten lakh, only because expenses are to be appropriated towards MLA grants. Normal rule applicable to all tenders above Rs. Three lakh i.e. of etender must also apply in such matters. Even in etender, the respondents can specify suitable terms to meet the exigency.
At Aurangabad, this Court in Writ Petition No. 7954 of 2016 (before us today) on 16.03.2017 granted stay of impugned communication and thereafter State Government has on 21.03.2017 directed all departments and authorities to adopt to eauction only even for works between Rs. Three lakh to Rs. Ten lakh.
Accordingly, we direct the respondents to abide by said process even in works to be completed through MLA fund above Rs. Three lakh.
In this situation, we partly allow these matters by quashing paragraph 3 of Government Resolution dated 12.07.2016. However, there shall be no order as to costs.