- (1.) In the year 2004, the State of Madhya Pradesh has filed Original Suit No. 6 of 2004 before this Court under Article 131 of the Constitution of India calling for the records relating to the impugned Notifications/Orders dated 02.11.2004 and 04.11.2004 issued by the Ist Defendant-Union of India under Sections 58(3) and 58(4) of the Madhya Pradesh Re- organisation Act, 2000 (hereinafter referred to as "MPR Act"), notifying the date of dissolution of the M.P. Electricity Board (in short "the MPEB") for the undivided State of Madhya Pradesh and apportioning its assets, rights and liabilities between the successor Electricity Boards for the reorganized States of Madhya Pradesh and Chhattisgarh and to declare them null and void as the same are unconstitutional and for certain other reliefs.
(2.) In the said suit, the plaintiff-State of Madhya Pradesh filed an application for amendment of plaint being I.A. No.4 of 2009 seeking, inter alia, the amendment to the effect that Sections 58(3) and 58(4) of the MPR Act are violative of Article 14 of the Constitution of India inasmuch as it enables the Central Government to determine without any guidelines the manner of exercise of power while deciding the basis of apportionment of the assets and liabilities of the successor Boards.
(3.) Ist Defendant-Union of India, apart from disputing its maintainability on delay and laches also contested on merits.;