Lawstreet Journal

Madras HC says bureaucrats cannot bypass local bodies while calling tenders for matters reserved for local administration [READ ORDER]

Lawstreet Journal 28 Jul 2020 7:54pm

Image courtesy: Lawstreet Journal Judiciary Madras HC says bureaucrats cannot bypass local bodies while calling tenders for matters reserved for local administration [READ ORDER]

The Madras High Court clarified that the district authorities, like Block Development Officer, District Collector, cannot bypass the local administration, i.e. panchayat or the rules governing the local administration.

The bench of Justice GR Swaminathan quashed a tender notification that was issued by the Block Development Officer, Thiruppuvanam, as it should have been proposed by the panchayat union.

It was held that the District Collector is the competent authority that accords administrative sanction for tender works valued more than Rs.50,000/-, the proposals must come from the local body concerned. The Block Development Officer can submit proposals if there is no elected local body. The local body should deliberate and make proposals unless it is a case of an emergency.

This comes in response to a writ petition that was filed seeking quashing of BDO's tender notification that was allegedly colored in political considerations.

Without commenting on the allegations of political influence, the Court clarified that if a duly elected local body is bypassed, it cannot discharge the functions statutorily mandated.

The BDO tried defending his actions under Section 86 of the Tamil Nadu Panchayats Act, 1994 which provides that the Executive Authority may direct the execution of any work which requires the sanction of the Panchayat Union Council in cases of emergency, and the immediate execution of which may be necessary for the health or safety of the public.

The bench held that Section 86 can be resorted to by the District Administration only in cases of emergency and rejected his flimsy argument.

The bench further said… Continue Reading...


Tagged: Madras High Court  
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