New Delhi: The Supreme Court on Friday ordered that the chairperson of the Delhi Electricity Regulatory Commission (DERC) be appointed within two weeks.
A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and KV Viswanathan ordered the appointment of a DERC Chairperson while observing that the Lieutenant Governor has to act on the aid and advice of the council of ministers.
The bench 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.
Chief Justice of the High Court, under whose jurisdiction the electricity regulatory panel falls, need not be consulted for the appointment if the judge concerned has not served in that High Court, it added.
The apex court while referring to a 2018 Constitution bench judgement and its judgement on the services row between the Centre and the Delhi government, the bench said it has been made clear that the “LG has to act on the aid and advice of the council of ministers.”
Delhi government had filed a plea in the top court alleging inaction by the Lieutenant Governor in appointing the Chairperson of DERC.
Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government, had earlier contended that LG has been delaying the matter saying he required legal opinion to ascertain if the concurrence of the Chief Justice of the Delhi High Court is needed to make the appointment.
He had said as per Section 84(2) of the Electricity Act consultation with the Chief Justice of the parent High Court of the person sought to be appointed is required.
Four months have passed since the proposal to appoint retired Madhya Pradesh High Court Judge, Justice Rajeev Kumar Shrivastava, as DERC Chairperson has been sent to the LG, Singhvi had said.
The DERC has been functioning without a Chairperson for the last four months after previous Chairperson Justice (Retd) Shabihul Hasnain demitted office on January 9, 2023, upon attaining the age of 65 years.
It is indicated that as per the Election Act, 2003, the consent of the Chief Justice of the Madhya Pradesh High Court has already been obtained for the appointment of Justice Srivastava, the plea said.
