IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17531 of 2010 BIHAR STATE HYDROELECTRIC POWER CORPORATION, SONE BHAWAN, 2ND FLOOR, BCP MARG, PATNA 800001 THROUGH ITS MANAGING DIRECTOR NAMELY SRI LALLAN PRASAD SINHA…………………………………………………..PETITIONER. VERSUS 1. ELECTION COMMISSION OF INDIA, NIRWACHAN SADAN, ASHOKA ROAD, NEW DELHI 2. CHIEF ELECTION COMMISSIONER, NIRWACHAN SADAN, ASHOKA ROAD, NEW DELHI 3. CHIEF ELECTORAL OFFICER, CABINET (ELECTION) DEPARTMENT, 7, MANGLES ROAD, PATNA 4. DISTRICT ELECTION OFFICER CUM DISTRICT MAGISTRATE, PATNA 5. DISTRICT MAGISTRATE, WEST CHAMPARAN. …..RESPONDENTS ----------- 02/ 12.10.2010 Heard learned counsel for the petitioner and learned counsel for the respondent Election Commission of India and its authorities. This writ petition has been filed by the petitioner challenging the directions issued in letters dated 17.09.2010 and 05.10.2010 (Annexures-1 and 1/1) by which the District Election Officer-cum-District Magistrate, Patna had informed the Managing Director of the petitioner Corporation asking him to get the letters regarding appointment of its employees for election duty to be served to the respective employees. A prayer has also been made for quashing order of the District Magistrate, West Champaran (respondent no.5) by which the employees of the petitioner Corporation have been directed to report for compulsory Training Programme in order to perform their election duty in the ensuing Bihar Assembly Election. Learned counsel for the petitioner submits that the - 2 - services of the employees of the Corporation are essential services and if it is hampered, it would result in complete shut down in generating units of electricity, which will have its adverse impact on the entire people of the State. Learned counsel for the petitioner further submits that the petitioner has filed an application dated 04.10.2010 (Annexure-6) to the District Election Officer-cum-District Magistrate, Patna for exempting the employees of the petitioner Corporation but no order has been passed till date. Learned counsel for the petitioner also relies upon several decisions of this court vide order dated 21.04.2009 (Annexure-7) passed in C.W.J.C. No.5046 of 2009 as well as order dated 09.04.2009 (Annexure-3) passed in C.W.J.C. No.4372 of 2009. In the aforesaid facts and circumstances, this writ petition is disposed of with a direction to respondent no.4 (District Election Officer-cum-District Magistrate, Patna) to dispose of the aforesaid application of the petitioner within a fortnight. Till the matter is decided by the said authority, no election work shall be taken from the employees of the petitioner Corporation. Harish (S.N. Hussain, J.)