APPOINTMENT OF DERC CHAIRMAN: Supreme Court to take up Delhi Govt’s plea on May 16

New Delhi, May 10

The Supreme Court on Wednesday agreed to take up on May 16 the Delhi Government’s petition alleging inaction on the part of Delhi Lt Governor VK Saxena in appointing Delhi Electricity Regulatory Commission (DERC) Chairman.

A Bench led by Chief Justice of India DY Chandrachud — which had on April 21 issued notice to the Office of Delhi LG on Arvind Kejriwal Government’s petition — agreed to hear it on next Tuesday after senior counsel AM Singhvi mentioned it for urgent listing.

The AAP government has accused Saxena of delaying the matter in the name of seeking legal opinion to ascertain if the concurrence of the Chief Justice of the Delhi High Court was needed for the appointment.

Singhvi had submitted that consultation with the chief justice of the parent high court of the person sought to be appointed was required as Section 84(2) of the Electricity Act — which deals with the appointment of chairman of an electricity commission — said “no appointment under this sub-section shall be made except after consultation with the Chief Justice of that High Court.”

On January 10, the then Deputy Chief Minister Manish Sisodia had written to Saxena, requesting him to urgently clear the appointment of the DERC chairman amid continued tussle with the LG’s office.

Kejriwal had earlier approved the appointment of Justice (Retd) Rajeev Shrivastava as the next chairperson of the DERC.

The tenure of incumbent DERC Chairman Justice (retd) Shabihul Hasnain has lapsed and yet the Lt Governor has not cleared the appointment of the recommended office-bearer, Sisodia had written.