New Delhi: Amid the ongoing deadlock over the appointment of the next Delhi Electricity Regulatory Commission (DERC) chairman as the Delhi government and Lieutenant Governor (LG) fail to arrive at a consensus over a name, the Supreme Court on Thursday said it can appoint somebody on an ad-hoc basis till the disposal of the matter. The top court stressed that it is “sad that nobody cares about what happens to the institution”, and it is very embarrassing for the top court judges as they should not be doing this.
A bench headed by Chief Justice DY Chandrachud and comprising justices PS Narasimha and Manoj Misra said that the court would appoint a person for the post as an ad-hoc arrangement till the issue is finally decided and clarified that it would be an interim arrangement. “We can appoint somebody on a pro-temp basis. We can ask somebody to do the duties of that office…we appoint somebody on an ad-hoc basis till the disposal of the matter," said the Chief Justice.
During the hearing, the bench observed that it is sad nobody cares what happens to the institutions and parties are fighting, while the institution has been headless. The bench suggested that in the meantime head of the Central Electricity Regulatory Commission (CERC) may discharge the functions. The Chief Justice orally observed that the court cannot appoint somebody unless both sides agree, and it is “very embarrassing for us we should not be doing this….”. Solicitor General Tushar Mehta, representing the Central government, said the institution should not stay headless and said the court can decide the matter and that would not be a problem. Senior advocate Harish Salve, representing the Lieutenant Governor (LG) of Delhi, said the President has appointed the DERC chairman and either your lordships will hear and pass an order against it, or he will continue to be the chairman.
Senior advocate AM Singhvi representing the Delhi government said he has serious objections over three names being suggested initially and two names later and altogether five names have been suggested. He argued that this is a constitutional matter and it can be decided after a few weeks, and no ad hoc decision is needed.
Salve said to let them have any objections and the chairperson should continue subject to the court's decision and there is a presidential order appointing a chairperson of the DERC and stressed that it is rare that a presidential order is stayed. The Chief Justice said, “You can give us the names of five judges of the Delhi High Court. We will select a name….”. Mehta said one party has said, “We don't even trust the Supreme Court”. The bench said it will also have to do some homework before selecting a judge. After hearing detailed arguments, the apex court scheduled the matter for further hearing in the first week of August.
On July 17, the Supreme Court asked the Delhi Chief Minister and Lieutenant Governor (LG) of Delhi, two constitutional functionaries, to sit down and decide on the name of the chairperson of DERC. The top court had said, “They're constitutional functionaries...they have to rise above political bickering...they must sit together and give us a name”.
