L-G, CM fail to iron out differences, SC to appoint ad hoc DERC chief

Satya Prakash

New Delhi, July 20

As Delhi Lieutenant Governor (L-G) VK Saxena and Chief Minister Arvind Kejriwal failed to iron out their differences over the selection of a new Delhi Electricity Regulatory Commission (DERC) Chairman, the Supreme Court on Thursday decided to make an ad-hoc appointment to the post until the issue was decided.

Refuses to accept suggestions for names

Noting that it will take a few days to discuss some names and come to a conclusion, the Supreme Court Bench refused to accept any suggestions for names from either of the parties

A Bench led by CJI DY Chandrachud – which had on Monday asked Kejriwal and Saxena to rise above political bickering and finalise the name of the power regulator – clarified that the appointment will be on a pro-tem basis as in interim arrangement.

The Bench — which also included Justice PS Narasimha and Justice Manoj Misra — said it cannot allow the DERC to remain “headless” as it will affect public interest.

Noting that it will take a few days to discuss some names and come to a conclusion, the Bench refused to accept any suggestions for names from either of the parties.

The direction came after senior counsel Abhishek Manu Singhvi told the Bench on behalf of the Delhi Government that discussions with the L-G did not yield any results. He said the Bench should defer the hearing until the validity of the Delhi services ordinance that gave wider powers to the L-G was decided.

Asserting that an appointment made by the President can’t be stayed, senior counsel Harish Salve, representing the L-G, said the present appointee – Justice Umesh Kumar – should be allowed to take over as the DERC Chairperson.

Later, Salve agreed to the court’s suggestion that an ad-hoc appointment be made in public interest in view of the deadlock.

Solicitor General Tushar Mehta also supported the court’s decision to make an ad-hoc appointment.

The Delhi Government had challenged the appointment of former Allahabad High Court judge Umesh Kumar’s appointment as the DERC Chairperson. The L-G appointed him the new DERC Chairperson after the May 19 ordinance that gave wider powers to him in such appointments.