INSUBCONTINENT EXCLUSIVE:
NEW DELHI: The Supreme Court on Thursday said it will appoint ad hoc chairperson of Delhi Electricity Regulatory Commission (DERC) after the
Delhi LG and the chief minister informed the court through their counsels that they had failed to reach a consensus on the issue."Since the
issue will require a detailed hearing, pending adjudication we will appoint an ad hoc chairperson," said the SC bench comprising CJI D Y
Chandrachud and Justices P S Narasimha and Manoj Misra.The top court expressed anguish over the deadlock between the two constitutional
"It is sad that nobody cares what happens to the institution
Individually, you keep fighting with each other ..
That institution is headless," the bench said.Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government told the bench that
the discussions between chief minister and the LG did not yield any results.Harish Salve, appearing for Delhi LG V K Saxena, said the top
court can suggest names for appointment of DERC chairperson and he or she will be appointed.Solicitor General Tushar Mehta, who represented
the Centre, said the institution can't remain headless and the bench can appoint the DERC chairperson.The bench asked the parties to give
names of three or five retired judges of the Delhi high court so that the court could pick one of them for appointment as DERC chairperson
During the last hearing in the case, the apex court had asked the LG V K Saxena and chief minister Arvind Kejriwal to rise above "political
bickering" and discuss who could head the national capital's power regulator DERC, saying the two constitutional functionaries should get
The appointment of DERC chairperson has been the latest flashpoint between the two constitutional authorities.Earlier during the hearing,
the counsels informed the top court that they have failed to reach a consensus on the issue
The court reacted to this and said "Can you both not pick up one judge for appointment as DERC chairperson."The Delhi government had moved
the Supreme Court challenging the appointment of former Allahabad high court judge Justice Umesh Kumar as DERC chairperson on the ground
that it was unilaterally made by the lieutenant governor without its concurrence.The bench noted that the petition raises 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.Seeking a stay of the notification appointing
Justice Kumar, the Delhi government had said that unilateral action by the LG is against the Supreme Court's five-judge Constitution bench
judgment and also the spirit of Article 239AA of the Constitution.Earlier, chief minister Arvind Kejriwal approved Justice (retd.) Rajeev
Shrivastava for the DERC chairman and the file was put up by former deputy chief minister Manish Sisodia, who also held the power portfolio
However, the file was returned by Lieutenant Governor Vinai Saxena with a recommendation to also consult with Delhi high court chief justice
the top court observed that the LG is not supposed to act at his own discretion on such appointments, and directed the government to appoint
the DERC chairperson within two weeks.
