M/S ZENITH EVENT AND SERVICES vs STATE OF UTTARAKHAND
- Court
- Uttarakhand High Court
UKHC010157452026
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IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
Writ Petition Misc. Bench No. 735 of 2026
08 September, 2026
M/S Zenith Event & Services … Petitioner
Versus
State of Uttarakhand & Others … Respondents
Mr. T.P.S. Takuli, Advocate, for the petitioner.
Mr. Rahul Verma, Additional AG, for the State.
Mr. D.S. Patni, Senior Advocate, assisted by Mr. Bhupendra Bisht,
Advocate for the Nagar Palika Parishad.
Mr. K.P. Upadhyaya, Senior Advocate, assisted by Mr. Vipul
Sharma and Mr. Siddhant Manral, Advocates for the respondent
no. 5.
J U D G M E N T
Hon’ble Manoj Kumar Tiwari, J.
Hon’ble Siddhartha Sah, J.
(Per: Hon’ble Manoj Kumar Tiwari, J.)
Petitioner is challenging the order
passed by Nagar Palika Parishad, Nainital,
whereby his bid for installation of swings and
electrically driven pulleys during Maa Nanda Devi
Mahotsav, 2026, was rejected on the ground that
he does not possess electricity safety license,
issued by the competent authority in State of
Uttarakhand.
2. Petitioner contends that in the e-
Procurement notice dated 11.8.2026, issued by
Nagar Palika Parishad, there was no such
condition mentioning that electricity safety license
possessed by a bidder must be issued by the
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competent authority in State of Uttarakhand and
petitioner is having license issued by the
competent authority in State of Uttar Pradesh,
which is sufficient compliance of the condition
mentioned in Clause 15 of the e-Procurement
notice.
3. Per contra, Mr. K.P. Upadhyaya, learned
Senior Counsel appearing for the respondent no.
5, submits that as per Regulation 31 of Central
Electricity Authority (Measures relating to Safety
and Electric Supply) Regulations, 2023, an
electrical contractor having license issued by the
State Government alone is entitled to deal with
electrical installation work, including additions,
alterations, repairs and adjustments to existing
installations. He relies upon second proviso to
Regulation 31 for contending that except mines,
oil-fields, railways and the works executed for or
on behalf of Central Government, electrical
contractor having license issued by other States
would not be eligible for carrying out electrical
installation work. He thus submits that since
petitioner is not having electricity safety license
issued by the competent authority in State of
Uttarakhand, therefore, as per Regulation 31 of
the aforesaid Regulations, he is not eligible for
undertaking any electrical installation work in
State of Uttarakhand.
4. Regulation 31 of Central Electricity
Authority (Measures relating to Safety and
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Electric Supply) Regulations, 2023, is reproduced
below:
“ 31. Precautions to be adopted by
consumers, owners, occupiers, electrical
contractors, electrical workmen and
suppliers. - (1) No electrical installation work,
including additions, alterations, repairs and
adjustments to existing installations, except such
replacement of lamps, fans, fuses, switches,
domestic appliances of voltage not exceeding 250
V and fittings as in no way alters its capacity or
character, shall be carried out upon the premises
of or on behalf of any consumer, supplier, owner
or occupier for the purpose of supply to such
consumer, supplier, owner or occupier except by
an electrical contractor licenced in this behalf by
the State Government and on its behalf under the
direct supervision of a person holding a certificate
of competency and by a person holding a permit
issued or recognised by the State Government:
Provided that in the case of works
executed for or on behalf of the Central
Government and in the case of installations in
mines, oil-fields and railways, the Central
Government and in other cases the State
Government, may, by notification in the Official
Gazette, exempt on such conditions as it may
impose, any such work described therein either
generally or in the case of any specified class of
consumers, suppliers, owners of occupiers:
Provided further that in the case of
works executed for or on behalf of the Central
Government and in the case of installations in
mines, oil-fields and railways, an electrical
contractor having licence issued by any State
Government or Union Territory administration
shall not require licence from other State
Government in which the works are to be
executed.
(2) No electrical installation work which
has been carried out in contravention of sub-
regulation (1) shall either be energised or
connected to the works of any supplier.”
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5. Mr. D.S. Patni, learned Senior Counsel
appearing for Nagar Palika Parishad, submits that
work order was issued to respondent no. 5 on
5.9.2026 and he has deposited entire amount as
per condition of e-Procurement notice;
respondent no. 5 has transported all necessary
fixtures, including electrical appliances to the
Mela site; Maa Nanda Devi Mahotsav is going to
commence from 15.9.2026 and minimum a
week’s time is needed to complete the work of
installation of swings, electrically driven pulleys
and other electrical equipments.
6. Having regard to the fact that Maa
Nanda Devi Mahotsav is going to commence on
15.9.2026 and the successful bidder has
transported all necessary fixtures, appliances,
etc. to Mela site at Nainital, therefore, any
interference with the work order at this stage
would not be warranted. We, accordingly, dispose
of the writ petition. However, question of law
raised by the petitioner is left open.
(Siddhartha Sah, J.) (Manoj Kumar Tiwari, J.)
8.9.2026
Pr
PRABODH
KUMAR
Digitally signed by PRABODH KUMAR
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503,
postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C9195
7BE53, cn=PRABODH KUMAR Date: 2026.09.08 19:31:56 +05'30'
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