HC: Notary Attested Affidavits Valid for Govt Tenders Unless Magistrate Clause Explicit
A division bench of justices Nitin Sambre and Vrushali Joshi quashed the disqualification of a Yavatmal contractor, who was barred from a Rs55 lakh tender issued by the Vidarbha Irrigation Development Corporation (VIDC) for submitting an affidavit attested by a notary instead of a magistrate. "The petitioner executed the affidavit in compliance with statutory provisions," the bench noted, adding that VIDC's rejection of the bid amounted to a 'complete non-application of mind'.
The petitioner, represented by counsel Tejas Deshpande, had bid for furnishing and repair work under the Wardha Barrage (Hadgaon) Lift Irrigation Scheme. He submitted an affidavit on Rs100 stamp paper, duly notarised in Form 6 format. However, on April 15, 2025, VIDC rejected his bid citing Clause 13(vi)(7) of the tender, which officials claimed mandated attestation by an executive or district magistrate.
Deshpande argued that the said clause made no such specification and that a govt resolution issued on October 18, 2023, also did not insist on a magistrate's attestation.
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The court concurred, affirming that the Notaries Act, 1952, empowers notaries to administer oaths and validate affidavits, making notarised documents legally enforceable.
The bench observed that VIDC effectively imposed a requirement that did not exist in either the tender conditions or state policy, thereby arbitrarily excluding a valid bid. It directed the agency to open and consider the petitioner's financial proposal.
"Our observations lead to drawing the only conclusion that the petitioner complied with the tender condition and by no stretch of imagination leads to any other inference that the affidavit sworn before the notary cannot be equated with that of the affidavit sworn before the executive/district magistrate. The latter are appointed under the criminal law and it is not that any special powers are conferred on them while giving the oath or affirmation to that effect," the judges said.
The ruling is expected to curb discretionary disqualifications by state agencies and clarifies that notarised affidavits, unless explicitly disallowed, meet the legal standard for
tender compliance
, Deshpande said.
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