New Delhi, July 4 The Supreme Court on Tuesday asked the Delhi Lieutenant Governor to not administer oath of office to the newly appointed DERC (Delhi Electricity Regulatory Commission) Chairman Justice (retired) Umesh Kumar.
A bench led by Chief Justice of India D.Y. Chandrachud and comprising Justice P.S. Narasimha directed that the administering of oath to the former judge of Allahabad High Court will stand deferred till July 11.
The top court was hearing the petition moved by the AAP-led Delhi government's plea claiming that appointment of the DERC Chairman was 'illegal and unconstitutional'.
It claimed that the appointment was made by 'overlooking' the aid and advice of the elected government.
"It is understood that the administration of oath in pursuance of the notification dated June 22, 2023 to the former judge of the Allahabad High Court judge shall stand deferred," said the top court.
On June 22, L-G V.K. Saxena had appointed Justice (Retd.) Umesh Kumar of the Allahabad High Court as the Chairman ignoring Delhi's government's recommendation to appoint retired MP High Court Judge, Justice Rajeev Kumar Shrivastava.
Issuing a notice on the plea, the apex court also asked the Attorney General to respond to Delhi government's challenge to Section 45-A of the GNCTD Act.
The provision introduced through the recent ordinance gives overriding powers to the Lieutenant Governor over the elected government in the matter of appointments. The court will further hear the matter on Tuesday, July 11.
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