SC defers Delhi power panel chief's oath-taking ceremony

The court has now fixed the plea of the Delhi government for hearing on July 11.

The Supreme Court on Tuesday prevailed upon the Delhi government to defer the oath taking of former Allahabad High Court Judge Justice Umesh Kumar as the Chairperson of the Delhi Electricity Regulatory Commission (DERC).

Hearing a plea by the Delhi government challenging the appointment of Justice Kumar, a bench of Chief Justice of India D Y Chandrachud and Justice P S Narasimha issued notice to the Attorney General and fixed the matter for consideration on Tuesday, July 11.

Senior advocate A M Singhvi, appearing for the Delhi government, questioned the unilateral decision taken by the Lieutenant Governor in picking up Justice Kumar to the post without taking its concurrence.

He asked why the Delhi government should not be allowed to appoint when salary and other payments are borne by it.

"As a political executive, I give power of 200 units to the poorest of the poor in Delhi. It is the most popular scheme in Delhi. Now they want to appoint someone and stop this," he claimed.

He sought a direction to stay the notification on appointment as the oath-taking ceremony is scheduled on Thursday. The counsel also said the decision went against the Supreme Court's Constitution Bench judgment and also the spirit of Article 239AA of the Constitution.

The bench decided to examine the matter after noting that the petition raised a point of law regarding the validity of Section 45D of the GNCTD Act, as amended by the latest ordinance issued by the Centre, which gives overriding powers to the Lieutenant Governor over the elected government in the matter of appointments.

Solicitor General Tushar Mehta defended the appointment and raised the issue of delay in administering of oath to the chairman by the minister concerned due to one reason or the other. He said the appointment was made after taking the concurrence of the Chief Justice of the Allahabad High Court as per the direction issued by the Supreme Court on May 19.

The court, upon this, asked Singhvi to give a statement that the oath taking would be deferred until the next date.

Mehta, however, asked the court not to give its stamp of approval to the delay being caused since June 22.

"In that case, we would stay the notification," the bench said. Finally, the court recorded the statement by Singhvi that the oath-taking ceremony would be deferred.

During the hearing, senior advocate Sanjay Jain, on behalf of the Lieutenant Governor, informed the court that Justice Rajeev Kumar Srivastava, former judge of the MP High Court had declined to accept the offer.

The post of DERC chairman has been lying vacant since incumbent Justice Shabihul Hasnain, former judge of the Allahabad High Court attained 65 years of age on January 9, 2023.

On July 3, Lieutenant Governor V K Saxena had advised Chief Minister Arvind Kejriwal to complete the oath-taking exercise of Justice Kumar through video conferencing after the event was postponed due to the ill health of Power Minister Atishi.