Law: North West Frontier Province Procurement of Goods, Works and Services Rules, 2003

Section: 29

(a) Constitution of Pakistan (1973)---Art.199---Constitutional petition relating to contractual matters-Maintainability-Pre-conditions stated. Issue relating to contracts can be agitated in constitutional jurisdiction. However, the condition precedent for such a judicial review, is where the impugned order or an action or in-action is based on mala fide, against the principles of transparency and it does not have any contentious contested question of fact determinable from the record of the case. (b) North-West Frontier Province Procurement of Goods, Works and Services Rules, 2003--- ---R.29-Constitution of Pakistan (1973), 199-Constitutional petition-Maintainability-Tendering, evaluation of tenders or award of contract in violation of North-West Frontier Province Procurement of Goods, Works and Services Rules, 2003-Such violation could be validly agitated in constitutional jurisdiction. (c) Constitution of Pakistan (1973)--- ---Art.199---Constitutional petition-Maintainability-Consti­tutional petition containing allegation of mala fide Proof-Mala fide must be alleged against a named person and shown from record without recording of evidence, otherwise such petition would become non-maintainable-Principles. In regard to alleged mala fide, the petitioner has to firstly allege the mala fide against an individual, who has to be clearly named in the petition. Secondly, he has to, from the record, show clearly without there being any need to record evidence that the individual has committed the alleged mala fide. Alleging mala fide is a double edged weapon. It can very easily throw the petition out of the realm of maintainability, as proving mala fide is difficult. In case the mala fide cannot be proved from the record, then the need for recording of evidence comes in and in such eventuality the petition cannot proceed in constitutional jurisdiction. The matter would then have to be resolved and adjudicated by an ordinary civil court of competent jurisdiction. (d) North-West Frontier Province Procurement of Goods, Works and Services Rules, 2003---R.29---Constitution of Pakistan (1973), Art.199--Constitutional petition--Bids invited for supply of buses---Committee…

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