AMRESHWAR PRATAP SAHI,J. - (1.) This petition questions the exercise of floating of a tender notice dated 08.08.2016 as published on 13.08.2016 praying for quashing of the same with a further direction for initiating tenders for a sizeable quantity of development work in the Zila Panchayat, district Sitapur through some independent agency as the Zila Panchayat has conducted itself through the present Chairman in an absolutely unfair manner in inviting the tenders for the same as enlisted in the tender notice.
(2.) The background in which this challenge has arisen saw a precursor of this litigative battle in Writ Petition No.5839 (M/B) of 2016: Sarojini Devi Vs. State of U.P. and others, when the Zila Panchayat had proceeded to issue a tender notice for almost the same work on 23.02.2016. It had been issued by the Zila Panchayat without the same having been processed through the statutory committees/sub-committees that are to be constituted in terms of Section 65 of the Uttar Pradesh Zila Panchayat Act, 1961 and the Rules framed in this regard.
(3.) On the filing of Writ Petition No.5839 (M/B) of 2016, the tender notices were withdrawn and again a fresh notice dated 13.04.2016 was issued without following the aforesaid process of constituting the committees and then processing the projects and the proposed tenders. The petitioner preferred a second Writ Petition No.9070 (M/B) of 2016 challenging the same wherein orders were passed on 28.04.2016 directing the Zila Panchayat to proceed with the tenders if necessary but the same would not be finalized till orders are passed in that writ petition. The order passed therein, is extracted hereinunder:- "Heard Sri Gaurav Mehrotra, learned Counsel for the petitioner. An identical issue has been raised in Writ Petition No. 5839 (M/B) of 2016, Sarojani Devi versus Sate of U.P. in relation to tender notice dated 23.02.2016. The said tender has been withdrawn by the respondent- Zila Panchayat, Sitapur and now fresh tender notice dated 13.04.2016 has been issued with certain modifications but the arguments on behalf of the petitioner remains the same. The tender notice according to the petitioner has not been preceded by any deliberations by the statutory committee that is required to process projects before they are finalized and executed by the Zila Panchayat. Ms. Madhulika Yadav, learned Counsel for the Zila Panchayat, Sitapur submits that the power has been delegated by the Zila Panchayat referable to Section 57 of the U.P. Kshetriya Panchayats and Zila Panchayats Act, 1961. Having perused the same, we also find a reference to the schedule. Prima-facie, on a perusal thereof, we do not find any such powers available with the Zila Panchayat to delegate the powers of such committees, as are involved herein, on the Adhakshya of Zila Panchayat. Consequently, in the absence of any such material to demonstrate that the impugned tender notice was preceded by any such process having been adopted, we provide that the tender process may go on but the same shall not be finalized till orders are passed in this writ petition. All the respondents may file their counter affidavits within three weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List thereafter." ;