BISWANATH SOMADDER,J. - (1.) The writ petitioner no.1 claims to be a Contractors' Welfare Association and the writ petitioner no.2 as described himself as its Secretary. The writ petitioner no.1 is not even an association registered under the provision of the West Bengal Societies Registration Act. According to the writ petitioners, there are twenty six(26) enlisted contractors under Mathurapur-I Panchayat Samity, situated in the district of South 24 Parganas, out of which nineteen (19) are members of the writ petitioner no.1. According to the writ petitioners, the concerned Panchayat Samity has got no authority to take decision solely and unilaterally regarding enlistment of further contractors. In the present writ petition they have essentially challenged a notice dated 1st November, 2011, whereby the concerned Panchayat Samity invited sealed tenders for various type of works to be executed within its jurisdiction, details whereof appear from the said notice dated 1st November, 2011. Learned advocate for the petitioner has invited this Court's attention to the provisions of the West Bengal Panchayat (ZP and PS) Account and Finance Rules, 2003. In particular, he has referred to Rule 88 and Rule 91(3) including the proviso attached thereto of the said Rules. He has submitted since the said Rules provide for participation of enlisted contractors and there are many such enlisted contractors, the concerned Panchayat Samity ought not to have issued the notice inviting tenders whereby non-enlisted contractors have been given right to participate in the tender process.
(2.) The learned advocate representing the State submits that the tender process is already over and award of contracts have already taken place.
(3.) After considering the submissions made by the learned advocates for the parties and upon taking into consideration the relevant Rules, it appears that although enlistment of contractors are provided in the rules, such enlistment does not ipso facto exclude the right of the authorities of the Panchayat Samities to call for open tender, thereby widening the participation of contractors, who are otherwise eligible, for various type of workers to be executed in terms of the notice inviting tenders.;