IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5046 of 2009 BIHAR STATE HYDROELECTRIC POWER CORPORATION Versus ELECTION COMMISSION & ORS ----------- 2/ 21/04/2009 Heard learned counsel for the petitioner and learned counsel for the Chief Election Commissioner and the Chief Electoral Officer. The petitioner is a corporation engaged in generation of hydro power aggrieved by what it urges is whole sale deployment of its employees at the Eastern Gandak Canal Hydro-electric Power Corporation project at Balmiki Nagar and Triveni Hydro-electric Projects for election duties. Reliance is placed on an order of this Court with regard to Head Office of the corporation in a similar matter in C.W.J.C. No.4372/09. Learned counsel appearing for the Election Commission does not dispute the proposition that while elections are important, electricity generation is equally important. This Court, therefore, expects that the respondents while requisitioning the services of the personnel of the Eastern Gandak Canal Hydro-electric Power Corporation project at Balmiki Nagar and Triveni Hydro-electric Projects, shall not act in a manner which 2 shall result in complete shut down of the generating units of hydro power leading to complete stoppage of generation of electricity which can have its adverse impact also on society. While observing this, this Court considers it necessary to take note of the pleadings in paragraph-7 of the supplementary affidavit filed on behalf of the petitioners affirmed on 20.4.2009 that the flow of water had been stopped for maintenance work and that water was likely to be made available by the evening. This Court clarifies that if the generating units at both the placed i.e. Eastern Gandak Canal Hydro-electric Power Corporation project at Balmiki Nagar and Triveni Hydro- electric Projects is closed and the turbines are not working, there is no occasion for this Court to interfere in the exercise of jurisdiction and powers by the Election Commission. This order has been passed in presence of Shri J.P. Karn, learned Senior Counsel on behalf of the Commission. This writ application stands disposed. Let a certified copy of this order be made available to the petitioners on payment of urgent charges. KC (Navin Sinha, J.)