New Delhi, Nov 6 The Supreme Court on Monday passed an order constituting a selection committee for appointing two pro tem members of the Delhi Electricity Regulatory Commission (DERC).
The Bench headed by Chief Justice of India DY Chandrachud pronounced an order saying that the selection committee shall consist of former Delhi HC Judge Jayant Nath, Justice Ramesh Ranganathan, the Chairperson of Appellate Tribunal for Electricity (APTEL), and Justice Asha Menon, former Delhi HC Judge.
The court also directed the committee to submit the names to Chief Minister Arvind Kejriwal and Delhi Lieutenant Governor within one month.
According to the SC order, the committee shall be at liberty to regulate its own procedure for proposed appointment.
The court further said that the meeting can be conducted either physically or virtually as decided with mutual consent.
While pronouncing the order, the CJI said that in deciding the members, the committee shall give due regard to ability, integrity, and domain knowledge of the persons selected.
The top court on Friday had 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.
Senior Advocate Singhvi, appearing for the Delhi Government had told the court that the three-judge Bench could appoint the two members on pro tem basis as it did in August for the appointment of the DERC Chairman.
The court had 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 the LG 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 LG 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 the Chairperson of DERC will have to await the outcome of the proceedings pending before the five-judge Constitution Bench.
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