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Synopsis

The Supreme Court has listed the Delhi government's plea for appointment on two members of the Delhi Electricity Regulatory Commission (DERC) on Monday.

A CJI Chandrachud led bench has directed Solicitor General Tushar Mehta to obtain instructions from the Lieutenant Governor's office on the constitution of a selection committee to appoint the members.

Senior Advocate AM Singhvi, appearing for the Delhi government told court that it could appoint the two members on pro tem basis as it did the DERC Chairman in August.

The bench also comprising Justices JB Pardiwala and Manoj Misra further deliberated on the composition of the selection committee saying Justice Ramesh Rangnathan, who is present heading the Appellate Tribunal for Electricity may head it.

Singhvi expressed his concerns over Justice Ranganathan heading the committee citing conflict. He added that a retires Supreme Court judge may be appointed instead.

Directing the parties to obtain instructions, the matter has now been listed on Monday, November 6.

Supreme Court in August had appointed Justice Jayant Nath, former judge of the Delhi High Court as Chairman for the DERC after a joint request was made in this regard by the Delhi Government and Lieutenant Governor VK Saxena.

Earlier, the Supreme Court had observed that it would appoint a Chairman for the DERC on a pro-tem basis as the Delhi Government and Lieutenant Governor VK Saxena were unable to agree upon a name for the same.

Notably, on Monday (July 17), the court had directed the Government of National Capital Territory of Delhi (GNCTD) and the Lieutenant Governor to set aside their political differences and come up with a name for the Chairman of the Delhi Electricity Regulatory Commission (DERC).

The Supreme Court on July 4, 2023 had issued notice on a plea by GNCTD challenging the decision of Delhi 's Lieutenant Governor to appoint retired Justice Umesh Kumar as chairman of the DERC.

Referring to Section 45(D) of the GNCTD Act, Singhvi had then said, "..this has to be stayed..delhi is governed by such boards..the government gives upto 200 free units of electricity, they want to appoint their own chairman and stop this free electricity..".

Court was further told that the petition raises a point of law regarding the validity of Section 45D, as amended by the latest Ordinance issued by the Centre, which gives overriding powers to the Lieutenant Governor over the elected government.

Case Title: GNCTD Vs UOI