Court Dismisses Plea Challenging Eligibility Criteria for CCTV Setup at Counting Centres, Citing Essential Operational Requirements
The Calcutta High Court has dismissed a petition challenging the tender conditions set by the Chief Electoral Officer, West Bengal, for installing CCTV cameras at counting centres during the upcoming West Bengal Legislative Assembly elections. The petitioner, M/s Innovatiview India Limited, had argued that the eligibility criteria were arbitrary and discriminatory, creating barriers for competent bidders without specific experience in counting-centre deployment.
In a detailed judgment, Justice Krishna Rao ruled that the conditions requiring bidders to have experience in installing at least 3,000 CCTV cameras at counting centres were neither arbitrary nor discriminatory. The Court emphasized that such criteria are within the purview of the tender-making authority and are essential for ensuring operational efficiency and oversight during elections. The Court further stated that judicial interference is warranted only when tender terms are proven to be arbitrary, discriminatory, or mala fide.
The petitioner had contended that it possessed extensive experience in deploying over 130,000 cameras for live web streaming at polling stations and sought relaxation of the criteria for counting-centre experience. However, the Court noted that the petitioner lacked the requisite experience in this specific area, justifying the rejection of its pre-bid request for modification of criteria.
The Court also distinguished the case from the Supreme Court's judgment in Vinishma Technologies Pvt. Ltd., where tender conditions were found to violate the right to carry on business under Article 19(1)(g) of the Constitution. The Court held that the criteria in question were necessary to meet the unique operational needs of the West Bengal elections, which involve monitoring a large number of polling stations and counting centres.
The decision reinforces the principle that government and its undertakings must have the autonomy to set tender terms unless these are shown to be arbitrary or discriminatory. The judgment underscores the limited role of courts in scrutinizing the fairness and legality of tender conditions unless clear evidence of mala fide intent or bias is presented.
Bottom Line:
Tender conditions that require specific technical experience in installation of CCTV cameras at counting centres are not arbitrary or discriminatory, but are essential for operational requirements, and courts cannot interfere in such terms unless proven to be arbitrary, discriminatory, or mala fide.
Statutory provision(s): Constitution of India, 1950 Article 19(1)(g), Tender Process Judicial Review
