SC defers administration of oath to Delhi power panel chairperson

New Delhi, July 4

Former Allahabad High Court judge Umesh Kumar can’t take over as the chairperson of Delhi Electricity Regulatory Commission (DERC) as the Supreme Court on Tuesday ordered deferring the administering of oath of office to him till July 11.

Seeks ag’s assistance

The Apex Court sought the assistance of the Attorney General R Venkataramani, observing that the case raised questions about the validity of Section 45D of the National Capital Territory of Delhi (Amendment) Ordinance 2023, promulgated on May 19

A Bench led by CJI DY Chandrachud issued notice to the Centre and Delhi Lieutenant Governor on Delhi Government’s challenging the June 22 notification appointing Justice Kumar as DERC Chairman and posted the matter for hearing on July 11.

Apart from Justice Kumar’s appointment as DERC Chairperson, the Delhi Government has also challenged the Section 45D of the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 which enabled the LG to appoint the DERC Chairman.

On behalf of the Delhi Government, senior advocate Abhishek Manu Singhvi alleged that Justice Kumar’s appointment was an attempt to stop its popular scheme of giving 200 units of power to the poorest of the poor in Delhi.

Solicitor General Tushar Mehta said Singhvi’s arguments were aimed at getting attention of the media.

Showing various communications sent by Delhi government’s Power Minister Atishi to Justice Kumar seeking to know the day when it was convenient for him to take oath, Mehta said there was an attempt to humiliate the judge.

The Ordinance which gives overriding powers to the LG over the elected government in matters of appointments to different authorities functioning under Delhi Government has already been challenged by the AAP Government.

Singhvi submitted that Section 45D of the Ordinance denuded Delhi Government of the power to make appointments to 20 bodies which functioned under it and had a direct bearing on the people of Delhil.

Section 45D went against Article 239AA of the Constitution that provided for special provision under which Delhi was granted statehood, Singhvi said, adding the appointments were made by the Centre but the political accountability rested with the elected government of Delhi.

Earlier, Chief Minister Arvind Kejriwal approved the appointment of Justice (Retd) Rajeev Shrivastava as the next chairperson of the DERC.