- 1 - NC: 2025:KHC:7960 WP No. 30911 of 2024 C/W WP No. 26612 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 30911 OF 2024 (GM-TEN) C/W WRIT PETITION NO. 26612 OF 2024 (GM-TEN) IN WP No. 30911/2024 BETWEEN: 1. OM SOFTWARES THAKKAR PLAZA, GROUND FLOOR CLUB ROAD, BELGAUM-590001 SOLE PROPRIETARY CONCERN REP. BY ITS PROPRIETOR ANIL KUMAR KORISHETTY S/O SHANKAR RAO, AGED ABOUT 60 YEARS. 2. KESARI TECHNOLOGIES, NO.2756, 4TH CROSS, MCC B BLOCK, DAVANGERE -577004, A PROPRIETARY CONCERN REP. BY ITS PROPRIETOR KRISHNA P.GUNDAL S/O G.K.PARSHURAM SHETTY, AGED ABOUT 50 YEARS, …PETITIONERS (BY SRI. K.N. NITISH., ADVOCATE FOR SRI. K V NARASIMHAN., ADVOCATE) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7960 WP No. 30911 of 2024 C/W WP No. 26612 of 2024 AND: 1. CHIEF ELECTROL OFFICER KARNATAKA NIRAVACHANA NILAYA, CENTRAL COLLEGE SHESHADRI ROAD, BENGALURU 560001 2. M/S. SUMUKHA TECHNOLOGIES AND SOFTWARE PVT. LTD. ARTHA NO 3/1-4, 1ST CROSS, INDUSTRIAL AREA, MRCR ROAD MC LAYOUT, VIJAYANAGAR, BANGALORE - 560079. A COMPANY REGD. UNDER COMPANIES ACT, REPRESENTED BY IT'S MANAGING DIRECTOR …RESPONDENTS (BY SRI.S.R.DODWAD., ADVOCATE FOR R1 SRI. SUNIL S RAO., ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF REJECTION DATED 05/10/2024 / 19/10/2024 BEARING NO. DPAR237 CHUMPA2024 (P1) AT ANN-P ISSUED BY THE R1.B) QUASH THE IMPUGNED ORDER DATED 05/11/2024 AT ANN-R PASSED IN APPEAL NO. 01/2024 ISSUED BY THE APPELLATE AUTHORITY AND ETC. IN WP NO. 26612/2024 BETWEEN: 1. OM SOFTWARES THAKKAR PLAZA GROUND FLOOR CLUB ROAD BELGAUM 590001 REP. BY ITS DIRECTOR ANIL KUMAR KORISHETTY S/O SHANKAR RAO AGED ABOUT 60 YEARS - 3 - NC: 2025:KHC:7960 WP No. 30911 of 2024 C/W WP No. 26612 of 2024 2. GUNDAL BUSINESS PVT LTD NO. 1009/1, GUNDAL ARCADE 2ND MAIN, 2ND CROSS NIJALINGAPPA LAYOUT DAVANGERE - 577002 REP. BY ITS DIRECTOR MANJUNATH GUNDAL S/O G K PARSHURAM SHETTY AGED ABOUT 54 YEARS] 3. KESARI TECHNOLOGIES NO. 2756, 4TH CROSS MCC B BLOCK DAVANGERE - 577004 REP. BY ITS DIRECTOR P GUNDAL, S/O G K PARSHURAM SHETTY AGED ABOUT 50 YEARS ...PETITIONERS (BY SMT. AKKAMAHAEVI HIREMATH., ADVOCATE) AND: 1. 2. 3. CHIEF ELECTRORAL OFFICER KARNATAKA NIRVACHANA NILAYA SHESHADRI ROAD BENGALURU 560001 DATACON TECHNOLOGIES INDIA LTD., NO.31/10, LEFT OF MAGADI MAIN RAOD BEHIND SARASWATHI CONVENTION CENTRE MAGADI ROAD, BENGALURU-560079 REP BY ITS DIRECTOR SRI M.J. DILEEP KUMAR Mob: 9845290169 Email:dileepmj@datacontech.com VAGVILAS SOFTWARD PRIVATE LIMITED CTS NO.844, 1ST FLOOR, DURGAD VAIL - 4 - NC: 2025:KHC:7960 WP No. 30911 of 2024 C/W WP No. 26612 of 2024 4. HUBBALLI-580020 REP BY ITS DIRECTOR SRI PRAKASH ABBIGERI MOB:948274673 Email: vagvilas@gmail.com SUMUKHA TECHNOLOGIES AND SOFTWARE PRIVATE LIMITED “ARTHA”, #3/1-4, 1ST CROSS, INDUSTRIAL AREA, MRCR ROAD M C LAYOUT, VIJAYANAGAR BENGALURU-560079 MOB: 9886780801 Email: vinay@sumukha.in AMENDED AS PER ORDER ON I.A.NO.4 VIDE ORDER DT.05/11/2024 ...RESPONDENTS (BY SRI. S.R.DODWAD., ADVOCATE FOR R1 SRI. R.D.PANCHAM., ADVOCATE FOR R2 SRI. B. SOMASHEKAR NAIDDU., ADDVCOATE FOR R3 SRI. SUNIL S RAO., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND STRIKE DOWN THE IMPUGNED TENDER BID DOCUMENT FOR THE RATE CONTRACT FOR PRINTING OF PHOTO ELECTORAL ROLLS, HIGH SECURITY PVC EPIC WITH WELCOME KITS AND OTHER PRINTING WORKS DATED 17- 09-2024 IS ILLEGAL, ARBITRARY AND IN CONTRAVENTION TO THE PUBLIC INTEREST VIDE ANNEXURE-A AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:7960 WP No. 30911 of 2024 C/W WP No. 26612 of 2024 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Counsel for the respondents has pointed out that by interim order dated 04.10.2024, this Court accepted the submissions made on behalf of the respondents and directed that the bid submitted by petitioners No.1 and 2 in W.P.No.26612/2024 need not be considered by the respondents while considering the bids under the tender notification bearing No.DPAR224 2019 dated 17.09.2024. Thereafter, respondents have gone ahead with the consideration of the bids. The bid submitted by petitioner No.3 was already rejected at the hands of the respondents which has been noticed in the said order dated 04.10.2024. Thereafter, the respondents have proceeded and considered the bids. That again has been challenged by the petitioners before the appellate authority. Unfortunately, the appellate authority disposed of the appeals by the impugned order dated 05.11.2024 in W.P.No.30911/2024 stating that as the same case on - 6 - NC: 2025:KHC:7960 WP No. 30911 of 2024 C/W WP No. 26612 of 2024 same facts is pending before this Court, the authority cannot decide the appeal and the appeal was closed. 2. The appellate authority has a broader jurisdiction to consider the appeal on merits including the question as to whether some of the conditions imposed in the tender notification are arbitrary or opposed to any public policy. 3. In that view of the matter, both the writ petitions are disposed of while remitting the matter back to the Appellate Authority in Appeal No.1/2024 for consideration and disposal on merits. 4. All contentions are kept open. The writ petitions are accordingly disposed of. 5. The appeal shall be considered and disposed of as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE JT/- CT: JL