Delhi govt vs L-G: SC suggests selection committee for DERC appointments
Supreme Court of India
New Delhi: The Supreme Court on Friday directed Solicitor General Tushar Mehta and Senior Advocate Abhishek Manu Singhvi to take instructions from the Lieutenant Governor's office and Delhi government respectively, on the constitution of a selection committee to appoint the members, so that a workable solution can be reached.
The top court has listed the case for further hearing on Monday.
A bench headed by CJI D.Y. Chandrachud heard the petition filed by the Delhi government for the appointment of two members of the Delhi Electricity Regulatory Commission (DERC).
Senior Advocate Abhishek Manu Singhvi, appearing for the Delhi government told the three-judge bench that it could appoint the two members on pro tem basis as it did in August for the appointment of the DERC Chairman.
The court suggested that Justice Ramesh Ranganathan, who is currently heading the Appellate Tribunal for Electricity (APTEL) can head a selection committee and both Delhi government and L-G can nominate one member each to the committee. The CJI also suggested that they can have a former SC judge, Justice Ranganathan, and a Delhi government officer in the selection committee.
However, Singhvi suggested that a retired Supreme Court judge should be appointed instead of Justice Ranganathan.
The court has directed both parties to obtain instructions on the matter and come back on Monday.
On August 4, the apex court nominated former Delhi High Court judge, Justice Jayant Nath, as an ad hoc chairman of DERC after L-G and Chief Minister failed to reach a consensus on the appointment.
The Delhi government has challenged the provisions of the National Capital Territory of Delhi (Amendment) Act, 2023 giving overriding powers to the Lieutenant Governor over the elected government in the matter of appointments.
The plea is pending for consideration of a five-judge Constitution Bench.
The Supreme Court on October 18 said that the issue of appointment of chairperson of DERC will have to await the outcome of the proceedings pending before a 5-judge Constitution Bench.