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2025 DAILYLAW 2557 (MAN)

M/S SANMATI TRADERS v. Election Commissioner And Another

MC(WP(C))/360/2024 · 2025-11-30

A Guneshwar Sharma

Writ Petition (Civil)body2025

Judgment text

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22-23 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No.415 of 2024 with MC (WP(C)) No.360 of 2024 M/s Sanmati Traders … Petitioner -Versus- Election Commnr & Anr … Respondents BEFORE HON’BLE MR. JUSTICE A.GUNESHWAR SHARMA 1.12.2025 Present Mr.Albert Keisam, learned counsel for the petitioner and Mr.Tim Haobam, learned counsel on behalf of the respondents. In respect of Lok Sabha Election held in 2024, respondents have floated three NITs being (1) GEM/2024/B/4917784 for procurement of Line Interactive UPS with AVR (V2) (Q2) dated 6.5.2024, (2) GEM/2024/B/4917066 for procuring Desktop Computers (Q2) dated 6.5.2024 and (3) GEM/2024/B/4931991 dated 10.5.2024 regarding procurement of Multifunction Machines MFM (Q2) for the 18th Lok Sabha Election, 2024. Petitioner submitted three bids but the petitioner was debarred from applying in the three NITs flouted through GEM. By the present petition, petitioner prays for setting aside the rejection order and pass appropriate order directing the respondents to allow the petitioner for participation in the three NITs. Mr.Tim Haobam, learned counsel for the respondents refers to counter affidavit dated 13.2.2025 filed by the respondents that the three NITs have been cancelled vide three orders dated 24.5.2024, 24.5.2024 and 4.6.2024 on the ground of paucity of time and fund constraint. It is submitted that once the Bids are totally cancelled the cause in the petition does not survive and also the earnest money deposited by the petitioner have been already returned to them under intimation. Mr.Albert Keisam, learned counsel for the petitioner fairly submits that this court may pass appropriate order. In view of cancellation of the three NITs floated by the petitioner and subsequent development of cancellation of the three Bids by the respondent due to paucity of time and fund constraint, the cause of petitioner has become infructuous and no purpose will be served by directing the respondents to consider the case of petitioner in case he succeeds. Without going to the merit of the case and expressing any opinion, the writ petition is closed as infructuous. Misc Case is also closed. No cost. JUDGE Priyojit RAJKUMA R PRIYOJIT SINGH Digitally signed by RAJKUMAR PRIYOJIT SINGH Date: 2025.12.03 10:58:01 +05'30'