Summary: The Bombay High Court dismissed a case filed by Rajesh Sharma, who challenged the process for choosing companies to supply electricity in Maharashtra. Sharma claimed there were problems with how the process was run, but the court disagreed.
Rajesh Sharma argued that the process started on March 13, 2024, to get 1600 MW of thermal and 5000 MW of solar power was not done correctly. He said it broke the rules and was not open or competitive enough. Sharma wanted the process stopped because he believed it wasn't fair.
"The process is flawed, not open, and stops competition," Sharma argued.
The Maharashtra State Electricity Distribution Company Limited (MSEDCL) defended their actions, saying they followed all the rules and got the necessary approvals. They said the way they chose companies was meant to lower costs and help consumers.
"The MSEDCL created a process to help consumers by lowering costs," said MSEDCL.
The court, led by Chief Justice Shree Chandrashekhar and Justice Manjusha Deshpande, found that MSEDCL had all the needed approvals and the process was open. They didn't find any proof that supported Sharma's claims of unfairness or rule-breaking.
"The court found no proof of unfairness or rule-breaking," the judgment stated.
The court questioned whether Sharma had the right to challenge the process, pointing out that usually, someone not involved in a contract can't question it. They also said that public interest cases shouldn't be used for personal or political reasons.
"Public interest cases shouldn't be used to challenge financial decisions by outsiders," the court noted.
The court dismissed Sharma's case, emphasizing the importance of only using the court for real public interest cases and not for personal gain or attention-seeking. This decision shows the court's commitment to keeping tender processes open and fair while discouraging unnecessary lawsuits.
