The Supreme Court recently directed Lieutenant Governor (LG) VK Saxena to fill the seat of the Chairperson of the Delhi Electricity Regulatory Commission (DERC) within two weeks.
A bench of Chief Justice of India (CJI) DY Chandrachud along with Justice PS Narasimha and Justice KV Viswanathan observed that the law is clear that the LG has to act on the aid and advise of the Delhi Chief Minister and the Council of Ministers in such matters.
“The Lieutenant Governor cannot a stultify the government like this,” the CJI remarked.
As a result, the Supreme Court ordered that the appointment of the DERC chairperson be completed as soon as possible.
The bench was hearing a petition filed by the Delhi government challenging the LG’s delay in processing the name of retired Madras High Court judge Rajeev Shrivastava, who had been proposed for the position.
The LG had postponed his decision pending legal advice on whether the Chief Justice of the Delhi or Madras High Courts should be consulted before naming the chairperson in the current case.
On April 21, the Apex Court requested the Delhi LG’s response in the matter.
Senior Advocate Mukul Rohatgi argued on behalf of the LG that he has the authority to act on his own in the matter.
After hearing both the sides, the bench directed,
“Presently section 84(2) of the electricity act provides for the appointment of chairperson and member of state commission. The substantive part of sub section 2 says State can appoint any person who has been a judge of the high court. However, the appointment has to be made after consultation with chief justice of that high court. Consultation is to be with the chief justice of the high court from where the judge is drawn. Likewise, when a judge is a former judge, the consultation has to be with the chief justice of the High Court where the judge last served. Thus, in view of clear position of law, the appointment of the chairperson to be processed within 2 weeks.”
