Facts
The Assam Fisheries Development Corporation (AFDC) issued a Notice Inviting Tender (NIT) dated 22.08.2024 for the settlement of the Borkona Fishery
Source reference: p.3The Petitioner, a cooperative society, was the second-highest bidder (H2) but was recommended for settlement under Clause 11.4 of the NIT, subject to the nullification of complaints regarding its internal governance
Source reference: p.4-5, para. 5, 21Respondent No. 8 (H1) challenged this recommendation in a previous writ petition (WP(C) No. 6818/2024), where the Court directed AFDC to reconsider the Petitioner’s eligibility in light of allegations of fraud and unauthorized bidding
Source reference: p.6, para. 8-9Upon reconsideration, the Managing Director of AFDC issued an order on 06.03.2025 disqualifying the Petitioner for violating Clause 6.6 of the NIT and subsequently settled the fishery in favor of Respondent No. 8
Source reference: p.8, para. 11-12Issues
1. Whether the resolution submitted by the Petitioner society alongside its bid was a valid legal resolution in consonance with the Assam Cooperative Societies Act, 2007
Source reference: p.9, para. 16-172. Whether the Petitioner’s failure to submit a list of existing members and an authenticated resolution constituted a mandatory breach of Clause 6.6 of the NIT
Source reference: p.12-13, para. 22Law Applied
The Court primarily applied Clause 6.6 of the Notice Inviting Tender, which mandates that cooperative societies submit a copy of the General Meeting resolution authorizing the tender and a list of existing members
Source reference: p.10, para. 19-20Section 45 of the Assam Cooperative Societies Act, 2007, which requires that all resolutions passed in General Meetings must be sent to the Registrar within 15 days for approval, without which the resolution lacks legal validity
Source reference: p.12-13, para. 22, 24Reasoning
The Court examined the tender records and found that the Petitioner submitted the "original" copy of the resolution dated 10.09.2024 rather than an authenticated copy.
Source reference: p.13-14, para. 22-25Under Section 45 of the Act of 2007, a resolution is only valid if submitted to and approved by the Registrar; by submitting the original to the AFDC, the Petitioner proved it had never been sent to the Registrar, rendering it legally non-existent for the purpose of authorization
Source reference: p.13-14, para. 22-25the Court noted the Managing Director's finding that signatures of 13 members appeared to be in different handwritings, casting doubt on the document's authenticity
Source reference: p.12, para. 22the Petitioner's failure to enclose a list of existing members—a mandatory requirement under Clause 6.6—constituted a clear technical violation
Source reference: p.13, para. 23The Court rejected the argument that the Managing Director lacked authority, noting he is empowered to act for the AFDC
Source reference: p.15, para. 27Holding
The Court answered both issues in the negative regarding the Petitioner. It held that the Petitioner’s bid was technically non-compliant due to the lack of a legally valid resolution and the omission of the membership list
The Court found no illegality, arbitrariness, or irrationality in the AFDC's decision to disqualify the Petitioner and settle the fishery with Respondent No. 8. The writ petition was dismissed with no order as to costs
Source reference: p.15, para. 28Original Court PDF
Batgaon Nayapara Meen Samabai Samittee Limited,vsThe Assam Fisheries Development Corporation Limited And Ors
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