Yesterday, the Owners of Water Sports in the Protaras area, secured from the Administrative Court a temporary order suspending bids.
As has been explained to us, the said Order suspends the execution of the decision to invite bids for facilities and water sports services for 2022 that were advertised on 12/31/2021, in view of the pending hierarchical appeal that was registered on 12/01/2022.
As stated by Yiannos Georgiades, lawyer for the Owners of Marine Sports "the Hierarchical Appeal was registered in view of the fact that the Tender Committee of the Municipality of Paralimni on the initiative of the Mayor of Paralimni proceeded with the call for tenders in violation of the decision of the Municipal Council as well as in violation of the applicable legislation in relation to the terms of the tenders".
"Furthermore, their decision was taken without a quorum as required by law which renders the decision null and void by default. The Mayor was even present at the meeting even though he is not a member of the Tender Committee and by law he could not even attend the meeting as an observer," he said.
Georgiades explained that under Section 5I(3) of the Beach Protection Act, the execution of the tender notice is suspended until a decision is made in the Hierarchical Appeal by the Central Beach Commission.
"Unfortunately, the Mayor of Paralimnio insists on continuing the bidding process while on 30/01/2022 he posted a notice on the internet that he will continue with the bidding process regardless of the fact that a hierarchical appeal is pending, in violation of the law. In fact, he appears to have relied on the annulment of a previous order of the District Court for lack of jurisdiction to justify his unlawful actions thereby misleading the Citizens," the lawyer states.
Mr. Georgiades further explained that "due to the Mayor's insistence to continue with the bids, his clients were forced to proceed, through his office, with an application to the competent Administrative Court, which after hearing his arguments issued an interim order suspending the bidding process."
He concluded by noting that "it is truly unfortunate that citizens, including his clients, have to bear additional costs due to the failure of the Municipality of Paralimni to comply with the law."
The case was set for 07/02/2022 for immediate service of the decree and petition for appeal.
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