The Supreme Court will tomorrow hear the petition filed by the Aam Aadmi Party (AAP)-led Delhi government challenging the appointment of justice (retired) Umesh Kumar as the chairperson of Delhi Electricity Regulatory Commission (DERC).
The Delhi government had earlier challenged the decision terming it ‘illegal and unconstitutional’. The appointment was made to fill the position of DERC chairperson which was lying vacant since January 10 after justice (retd) Shabihul Husnain stepped down from his position after reaching superannuation.
Delhi power minsiter Atishi alleged that the recruitment was done by ‘overlooking’ the aid and advise of the elected government, therefore, violating the constitution by appointing someone else for that position. She said Delhi chief minister Arvind Kejriwal had recommended justice (retd) Sangeet Lodha for the post, however, the President took an ‘illegal’ decision.
“The Supreme Court has repeatedly stated that on all subjects (apart from land, public order and police) the aid and advice of the elected government is binding. Electricity is a transferred subject falling under the jurisdiction of the elected government,” Atishi had said.
Earlier, CM Kejriwal approved justice (retd) Rajeev Shrivastava for the position, and the file was put up by former deputy CM 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 for the appointment.
{{/usCountry}}Earlier, CM Kejriwal approved justice (retd) Rajeev Shrivastava for the position, and the file was put up by former deputy CM 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 for the appointment.
{{/usCountry}}Later, the Delhi government approached the Supreme Court on April 12, blaming the LG for delaying the appointment. On May 19, the apex court observed that the LG is not supposed to act on his own discretion on such appointments, and directed the government to appoint the DERC chairperson within two weeks.
However, justice Shrivastava later ‘expressed his inability to accept the appointment’ due to ‘family commitments and requirements’.