Law:

Section:

Sindh Public Procurement Rules, 2010---R.17---Constitution of Pakistan, Art. 199---Constitutional petition---Notice inviting tenders for development works and services issued by Municipal Administrator---Petitioner alleged such tenders to be violative of Public Procurement Laws and the Constitution---Validity---Record showed that impugned tenders had been advertised in six (6) newspapers in English, Urdu and Sindhi languages having wide circulation in locality---Election Commission of Pakistan had imposed ban on diversion of funds already allocated to various development projects---Record showed that authority had not diverted any funds nor diversion of funds was required for proposed schemes of impugned tenders---Sindh Peoples Development Committee had already accorded approval for proposed schemes---Funds required for proposed schemes of impugned tenders were available with Municipal Administration---Municipal Administration had complied with codal formalities before issuing impugned tenders---Any development civil work in a Tehsil or District could not be stopped at whims or desire of an individual in absence of any illegality or malice on part of Authority---Inviting tenders for construction of roads and services in a Taluka would be domain of concerned Municipal Administration---Petitioner was previous Nazim of Union Council concerned, which was not constituency of ruling party---Petitioner was not an aggrieved person and he had approached High Court with unclean hands---Petitioner had not filed any affidavit or re-joinder in rebuttal of record produced by authority---High Court dismissed constitutional petition in circumstances. ORDER AQEEL AHMED ABBASI, J.---Through instant petition the petitioner has impugned the "Notice Inviting Tender" dated 15-1-2013 bearing No.T.M.A./KPO/29/2013 and Addendum/corrigendum thereof dated 4-2-2013 bearing No.TMA/KPO/55/2013 issued by the Administrator Taluka Municipal Administrator Khipro District Sanghar, whereby bids for 236 development works and services in Taluka Khipro, District Sanghar have been invited and has sought declaration to the effect that said NIT is illegal, arbitrary as the same has been issued in…

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