Arvind kejriwal vs LG: The Delhi government’s plan to nominate the chairman of the Delhi Electricity Regulatory Commission was delayed by more than five weeks, and the Supreme Court harshly criticised the Lieutenant Governor of Delhi for doing so on Friday. The Delhi government filed a writ suit in the Supreme Court after becoming enraged by the LG’s failure to act quickly on the suggestion to choose former Madhya Pradesh High Court judge Justice Rajiv Kumar Srivastava as the head of the DERC. The case was heard by a division bench that included Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice KV Vishwanathan.
Senior Advocate Highlights Five-Month Delay in DERC Chairman Appointment
Senior Advocate Dr. Abhishek Manu Singhvi informed the bench that five months had passed since the proposal was given to the LG on the direction of Advocate on Record Shadan Farasat, who was representing the GNCTD. The LG, however, was delaying his choice by claiming that he needed legal counsel to determine whether the Chief Justice of the Delhi High Court’s approval was necessary to make the appointment. In this context, Singhvi emphasised that in accordance with Section 84(2) of the Electricity Act, communication with the Chief Justice of the applicant’s parent High Court was necessary.
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The Consultation Requirement in Section 84(2) of Electricity Act
In agreement, the Chief Justice said, “Who would be consulted if the person being appointed was a Judge of the Madras High Court? It would be the Madras High Court’s Chief Justice. What makes it different from other High Courts? Senior Attorney Mukul Rohatgi argued on behalf of the LG that the LG can act independently on topics pertaining to Entry 1, 2 and 18 in accordance with the Supreme Court’s ruling. ‘The governor cannot insult a government like this,’ CJI DY Chandrachud responded. Furthermore, in extreme circumstances, the authority to refer should be used.Clarifying Section 84(2) of the Electricity Act of 2003, which deals with the appointment of the Chairperson and Members of the State Commission, CJI DY Chandrachud stated in the order that “The basic part of this provision indicates that The State Government may appoint any person ‘who is and has been a Judge of a High Court’. The Chief Justice of that High Court must first be consulted before the appointment is made, though. When a sitting judge is to be appointed, the Chief Justice of the High Court from which the judge will be selected shall be consulted.
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