NEW DELHI: Observing that the L-G has to act on the aid and advice of the council of ministers, the Supreme Court on Friday ordered that the Chairperson of the Delhi Electricity Regulatory Commission (DERC) be appointed within two weeks.
“Governor cannot stultify the government and the power to refer the matters to the President in case of difference of opinion between council of ministers and the L-G is only to be exercised in exceptional cases,” the SC observed while hearing GNCTDs plea against Delhi L-G VK Saxena’s inaction of approving state’s proposal to appoint ex-MP HC judge Justice Rajeev Kumar as DERC’s Chairperson.
Referring to Section 84 of the Electricity Act, a bench headed by Chief Justice D Y Chandrachud, comprising Justices PS Narasimha and KV Vishwanathan said while appointing a sitting or a retired judge to the post of a state electricity regulatory commission, the chief justice of the high court, to which the judge concerned belonged, has to be consulted.
“Section 84 (2) of the Electricity Act 2003 provides for appointment of chairperson and members of state commission. The substantive part indicates that state government may appoint any person from persons, who is and has been judge of HC. However, appointment is to be made after consulting CJ of that HC,” the bench said.
It added, “In view of clear provisions, the appointment of chairperson shall be made in two weeks.” Referring to the fact that although proposal to appoint ex judge was placed before the L-G on January 4, 2023 but no action has been taken on the same irrespective of the functioning of DERC completely being stalled, Senior Advocate AM Singhvi for GNCTD told the bench that the post had been vacant for five months.
A tug of war between the AAP government and L-G V K Saxena was going on for the last five months, with the latter’s office insisting that the view of the Delhi high court chief justice was needed for appointing Justice (Retd) Rajeev Shrivastava, who had served in the Madhya Pradesh high court, as DERC chairperson.
‘Chief Justice of HC must be consulted’
Referring to Section 84 of the Electricity Act, a bench headed by Chief Justice D Y Chandrachud, comprising Justices PS Narasimha and KV Vishwanathan said while appointing a sitting or a retired judge to the post of a state electricity regulatory commission, the chief justice of the high court, to which the judge concerned belonged, has to be consulted.