SC adjourns Delhi govt's plea seeking appointment of DERC chairperson to May 19
May 16, 2023
New Delhi [India], May 16 : The Supreme Court on Tuesday adjourned till May 19 the hearing of a petition filed by the Delhi government alleging inaction by the Lieutenant Governor (LG) in the appointment of the chairperson of the Delhi Electricity Regulatory Commission (DERC).
A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala deferred the case for Friday after senior advocate Mukul Rohatgi, appearing for the LG office, sought time to file a response.
Rohatgi sought time to file a response to the Delhi government's plea, saying the LG office was examining the Supreme Court judgement on the Delhi-Centre administrative issue.
Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government, said that it was a delaying tactic as the issue is covered by the recent judgement of the top court which said the Delhi government has control over all services barring public order, police and land.
Singhvi 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 was 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 said.
"After short-circuiting us by keeping silence for four months, they are deliberately seeking to appoint somebody and have sent some file to the Chief Justice," senior counsel had added.
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 plea said that the consent of the Chief Justice of the Madhya Pradesh High Court has already been obtained for the appointment of Justice Srivastava.
