- (1.) All the above Civil Rules can be disposed of by a common judgment and order as all the Civil Rules arose out of work orders issued in pursuance of the notice inviting tenders dated 29-5-95 issued by the Commissioner and Secretary to the Government of Assam, Election Department, Dispur, Guwahati.
(2.) Facts for the purpose of disposal of these Civil Rules are as follows :Election Commission of India gave direction to the Government of Assam for preparation of photo identity cards of approximately 1.23 crore of voters comprised in 126 Legislative Assembly Constituencies. Pursuant to that the Government of Assam, Election Department issued a notice inviting tender bearing No. ELE. 240/94/111 dated 29-5-95 under the signature of the Commissioner and Secretary to the Government of Assam, Election Department, Dispur. By this notice inviting tender (for short the NIT) sealed tenders were invited from "well established firms/ concerns of national repute" for undertaking the job of preparation and supply of Photo Identity Cards for all electors living in the State of Assam on turn key basis in conformity with the specifications prescribed by the Election Commission of India. The Photo Identify Cards would be prepared for approximately 1.23 crore electors comprised in 126 Legislative Assembly Constituencies in the State of Assam. By the said NIT it was informed that the tenders would be received by the Commissioner and Secretary to the Government of Assam, Election Department, Dispur, up to 4 p.m. on 20-6-95 and would be opened at 5 p.m. on the same day, if possible. The Commissioner and Secretary to the Government of Assam, Election Department reserved the absolute right to accept or reject any or all tenders without assigning any reason, whatsoever, or to reinvite the tenders. Earnest money deposit fixed for the tender was Rs. 50,000/- only. General norm as indicated in the NIT was that cards should have tobe prepared in duplicate. The original Identity Card should be laminated and sealed individually. But a number of miniature Identity Cards or Photo reduced Identity Cards should be collectively pouch laminated and neatly stored in pouches of the shapes of thin fine but durable sheets of A-4 size. One A-4 size sheet pouch should contain 50 such cards. The size of the card as mentioned in the NIT was 7 cm. (Horizontal) x 9 cm. (Vertical) without transparent edges. There should be no complaint regarding the edges and edges should be so fused that the cards could not be opened without destroying the same. The lamination should be fused throughout including at the edges and should be incapable of being opened without destroying and defacing the Photographic Identity Card itself Further particulars of the Photo Identity Cards had also been mentioned in the said NIT. One of them was hologram. It had been further mentioned that a laser based metallic foil to be affixed or embossed or Laser Printed on the card itself. It should be a circle with 2 cm. diameter embossed on the front page of the card itself in such a way that the same would not be removed or peeled off without destroying the card/lamination. The hologram should be embossed/ affixed/ laser printed in such a way that a portion of the hologram covered the photograph of the electors. However, it should be ensured that while embossing / affixing / laser printing of the hologram, the features of the electors would not be obliterated or otherwise made indistinguishable. The hologram should have a printed replica of the official Logo of the State, i.e. one horned Rhinoceros. The place of taking photographs and the particulars of electors as mentioned in the said NIT, would be Polling Stations, Panchayat Offices or place / places as might be decided by the concerned District Election Officers or Electoral Registration Officers. If required the photographs and the particulars of the electors should have to be taken by house to house visits in appropriate cases. The format of the card had also been prescribed. General terms and conditions were also mentioned in the said NIT.
(3.) Pursuant to the said NIT as many as 42 tenderers submitted their tenders and on 20-6-95 the tenders were opened. After opening it was found that 42 tenders submitted their tenders quoting different rates ranging from Rs.8/- to Rs.49/-. Tenderer, Lohia Jute Press, Santacruz, Bombay (respondent No. 3 in Civil Rule No. 2901/95, respondent No. 8 in Civil Rule No. 2913 / 95 and respondent No. 4 in Civil Rule No. 30321195) quoted Rs. 14.00, Baghmari Tea Estate Ltd., Netaji Subhas Road, Calcutta, respondent No. 4 in CR 2901/95, Respondent No. 7 in CR 2913,/ 95 and Respondent No. 3 in CR 3032/95, quoted Rs. 14.00, Saraswati Press Ltd., 5, BT Road, Calcutta (respondent No. 2 in CR 2901/95, Respondent No. 9 in CR 2913/95 and Respondent No. 2 in CR 3032/95) quoted Rs. 16.00, and 16.50 in respect of some districts, SM Computer Consultants, GNB Road, Silpukhuri, Guwahati (petitioner in CR 2913/95) quoted various rates ranging from Rs. 8/ -to Rs. 12/-, Progoty Supply and Co-op. Society, Ltd., BT College Road, Lachit Nagar, Guwahati (Petitioner in CR 2901/95) quoted Rs. 15.50 and New Fotolab, Calcutta (Petitioner in CR No. 3032/95) quoted Rs. 11.96.;