| Citation(s) |
|---|
| 2024 SLG 5889 2024 SLD 5889 = 2024 PLD 56 |
Balochistan High Court
Constitution Petitions Nos. 1963 and 2082 of 2022, decided on 29th May, 2023.
Before Muhammad Hashim Khan Kakar and Shaukat Ali Rakhshani, JJ
Muhammad Ishaq Nasar (in C.P. No. 1963 of 2022) and Manzoor Ahmed Kakar for Petitioners (in C.P. No. 2082 of 2022). Shai Haq Baloch, Additional Advocate General for
Respondents Nos.1 to 3. Muhammad Naeem Marri assisted by Abid Saleem Qureshi, MD BPPRA, Ghulam Jan Naseer, Director (MIS) BPPRA and Mubashir Ali Khan (MCIPS) Specialist Goods and Services for
Respondent No.4
Constitution Petitions Nos. 1963 and 2082 of 2022, decided on 29th May, 2023.
Before Muhammad Hashim Khan Kakar and Shaukat Ali Rakhshani, JJ
Muhammad Ishaq Nasar (in C.P. No. 1963 of 2022) and Manzoor Ahmed Kakar for Petitioners (in C.P. No. 2082 of 2022). Shai Haq Baloch, Additional Advocate General for
Respondents Nos.1 to 3. Muhammad Naeem Marri assisted by Abid Saleem Qureshi, MD BPPRA, Ghulam Jan Naseer, Director (MIS) BPPRA and Mubashir Ali Khan (MCIPS) Specialist Goods and Services for
Respondent No.4
Messrs CONTRACTORS ASSOCIATION OF BALOCHISTAN through Authorized representative and others---Petitioners
VERSUS
GOVERNMENT OF BALOCHISTAN through Chief Secretary, Quetta and others---Respondents
Law: Balochistan Public Procurement Regulatory Authority Act, 2009
Section: 4,26,27
Law: Balochistan Public Procurement Rules, 2014
Section: 11A
Balochistan Public Procurement Regulatory Authority Act (VIII of 2009)-------Ss. 4, 26 & 27---Balochistan Public Procurement Rules, 2014, R. 11-A--Notification No. FD.US (Procurement) 2-1/e Procurement/ 2022-23/854- 797 dated 18-11-2022---Vires of---Electronic Public Procurement---Petitioners assailed bidding process on the plea that procurements/bids were not conducted electronically via e-bidding---Validity---Electronic bidding was an advanced, fool proof secured procurement system free from all encumbrance and indulgence of Government officials and public representatives---Such bidding process guaranteed a fair competition among the bidders and was to bring real value of public money in terms of services on one hand and on the other hand it could save public money--Difficulties arising in giving effect to any of the provisions could be removed under S. 26 of Balochistan Public Procurement Regulatory Authority Act, 2009, by the Government---Notification on the touch stone of Ss. 4, 26 & 27 of Balochistan Public Procurement Regulatory Authority Act, 2009, basically created difficulties rather than eradicating the same and was inconsistent with the provisions of Balochistan Public Procurement Regulatory Authority Act, 2009 and Balochistan Public Procurement Rules, 2014---Notification bearing No. FD.US (Procurement) 2-1/e Procurement/2022-23/854- 797 dated 18-11-2022, wherein, threshold for ebidding for works had been revised and enhanced from Rs. 50.00 M to 500.00 M till 30-06-2023 was arbitrary---High Court declared the notification No. FD.US (Procurement) 2-1/e Procurement/ 2022-23/854- 797 dated 18-11-2022, void ab initio and cancelled the same---Constitutional petition was allowed, in circumstances..Date of hearing: 18th May, 2023.JUDGMENTMUHAMMAD HASHIM KHAN KAKAR, J.---Since common questions of law and facts are involved in both the aforementioned petitions, as such, we propose to dispose of the same through this common judgment. Both the Constitutional Petitions, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 ('the Constitution'), carries the following prayer clause:"In the length and width of what has been…