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Synopsis

The Supreme Court today issued notice on a plea by Government of National Capital Territory of Delhi (GNCTD) challenging the  decision of Delhi 's Lieutenant Governor VK Saxena to appoint retired Justice Umesh Kumar as chairman of the Delhi Electricity Regulatory Commission (DERC).

Although a bench of CJI DY Chandrachud and Justice PS Narasimha has not stayed the notification issued by the Delhi LG, the oath taking of Justice Kumar, former judge of Allahabad High Court, which was to take place day after tomorrow, has been deferred.

Senior Advocate AM Singhvi, appearing for the Delhi government told the bench today that the appointment was challenged on the ground that it was unilaterally made by the LG without its concurrence.

"The appointment was delayed..this is shocking..Delhi High Court Chief Justice was to be consulted.. they sat on it for two weeks, Justice Srivastava withdrew on June 16..", Singhvi further told the bench.

Referring to Section 45(D) of the GNCTD Act, Singhvi 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.

SG Mehta, told court that some material facts were being suppressed by the Delhi government and said, 

"June 22 this notification appointing justice Umesh Kumar was issued..They asked for a convenient time to administer oath, this notification was sent to the power ministry and after that they say we are filing a writ challenging this appointment...CM asked to administer oath..They are playing with this judge, can this be allowed with a former judge..Also, there is a plea challenging the ordinance, this one is testing the waters.."

After hearing the SG's submissions, CJI ordered thus, 

"Issue notice. Since constitutional validity of Section 45 (D) of the ordinance is challenge, notice to AG, SG and Delhi LG. List for final hearing on next Tuesday.. Written submissions and counter affidavit's may be filed."

The matter will now be heard on July 11. 

Case Title: GNCTD Vs UOI