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Patna Court June 2004 Judgments

Jun 21 2004

Tenughat Vidyut Nigam Ltd. Vs. Union of India (Uoi) and ors.

Court: Patna

Decided on: Jun-21-2004

Chandramauli Kr. Prasad, J. 1. Prayer of the petitioner in this writ application are as follows :--(1) To quash the order dated 27.2.2001 (Annexure-4) of the Government of Jharkhand in the Department of Water Resources and Energy whereby Tenughat Vidyut Nigam Ltd. has been declared to be an undertaking of the Government of Jharkhand in exercise of the power under Section 47 of the Bihar State Re-organisation Act, 2000. By this order it has been further declared that in the Memorandum and Article of Association of the Tenughat Vidyut Nigam Ltd. the expression 'Bihar' and 'Bihar Rajya' be read as 'Jharkhand' and 'Jharkhand Rajya' respectively;(2) To quash the order dated 24.5.2001 (Annexure-5) of the Government of Jharkhand in its Energy Department whereby in exercise of power under Article 49(1)(b)(d) and (e) of the Articles of Association and in supersession of all the earlier orders, it had constituted the Board of Directors of the Tenughat Vidyut Nigam Ltd;(3) To quash the order da...

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Jun 21 2004

Birendra Kumar Vs. the State Election Commission and ors.

Court: Patna

Decided on: Jun-21-2004

Chandramauli Kumar Prasad, J.1. Petitioner as also respondent No. 4 contested for election to the office of the Mukhiya of Gram Panchayat, Katchore for which the election was held on 19.4.2001. In the said election, petitioner (hereinafter referred to as the returned candidate) was elected Mukhiya and respondent No. 4 (hereinafter referred to as the election petitioner) lost. Election petitioner filed application challenging the election of the returned candidate, which was registered as Election Petition No. 28 of 2001. The election petition presented by the election petitioner was barred by limitation but the learned Munsif by order dated 11.7.2001 condoned the delay in its filing, on an application filed by the election petitioner under Section 5 of the Limitation Act and thereafter transferred the case to the Court of 2nd Additional Munsif for trial. During the trial of the election petition one of the issues framed was as follows :'Is the Court competent to condone the delay in f...

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