New Delhi [India], April 21 : The Supreme Court on Friday issued notice to the office of the Delhi Lieutenant Governor VK Saxena on a plea filed by the Delhi government alleging inaction by LG in appointing the Chairperson of the Delhi Electricity Regulatory Commission (DERC).
A bench of Chief Justice DY Chandrachud and Justice PS Narasimha sought a response from the office of LG VK Saxena and posted the matter for hearing on April 28.
Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government, argued that LG has been delaying the matter saying he required legal opinion to ascertain if the concurrence of the Chief Justice of the Delhi High Court is needed to make the appointment.
He said, "As per Section 84(2) of the Electricity Act consultation with the Chief Justice of the parent High Court of the person sought to be appointed is required."
Four months have passed since the proposal to appoint retired Madhya Pradesh High Court Judge, Justice Rajeev Kumar Shrivastava, as DERC Chairperson has been sent to the LG, Singhvi said.
"After short-circuiting us by keeping silence for four months, they are deliberately seeking to appoint somebody and have sent some files to the Chief Justice," senior counsel added.
The DERC has been functioning without a Chairperson for the last four months after previous Chairperson Justice (Retd) Shabihul Hasnain demitted office on January 9, 2023, upon attaining the age of 65 years.
It is indicated that as per the Election Act, 2003, the consent of the Chief Justice of the Madhya Pradesh High Court has already been obtained for the appointment of Justice Srivastava, the plea said.
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