Delhi LG appoints retired Allahabad HC judge Umesh Kumar as DERC Chairman

In a development that may escalate tensions between the LG and the AAP government, former judge Umesh Kumar of the Allahabad High Court has been appointed as the chairman of the Delhi Electricity Regulatory Commission (DERC).

This decision comes despite Chief Minister Arvind Kejriwal’s recommendation of another retired judge for the position.

The appointment was made by President Droupadi Murmu in accordance with the powers granted by Section 45(b) of the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, and Section 84(2) of the Electricity Act, 2003, as stated in a late-night statement issued by the lieutenant governor’s office.

In January, Chief Minister Kejriwal had recommended the appointment of retired high court judge Rajeev Kumar Srivastava as the chairperson of the power regulator. However, the LG’s office stated that Umesh Kumar was appointed as Shrivastava declined the position citing family commitments and requirements in a communication on June 15.

The appointment of Justice Kumar (retired) has drawn strong criticism from the Kejriwal government’s power minister Atishi, who deems it “illegal and unconstitutional”. Atishi argued that the Supreme Court has consistently emphasized that the aid and advice of the elected government must be followed on all matters except for land, public order, and police.

Atishi further emphasized that electricity is a transferred subject under the jurisdiction of the elected government. She disclosed that on June 21, the chief minister had recommended the name of Justice Sangeet Lodha (retired) for the position of DERC chairperson.

She expressed “The President wilfully ignored and overlooked the aid and advice of the elected government on a transferred subject and appointed someone else for this post. This unconstitutional and illegal decision by the Hon’ble President of India is extremely unfortunate and the Government of NCT of Delhi shall challenge this in the Hon’ble Supreme Court.”