New Delhi: Former Allahabad High Court judge Justice Umesh Kumar is not to be administered the oath of office as the new chairperson of the Delhi Electricity Regulatory Commission (DERC) until the Supreme Court hears the matter next. The apex court agreed to examine a plea by the Delhi government challenging Justice Kumar’s appointment, where the state government said that it was unilaterally made by the Lieutenant Governor (LG) without its concurrence. The appointment of the DERC chairperson has led to a power tussle between the Delhi government and the office of the LG.
A bench headed by Chief Justice D Y Chandrachud and comprising Justice P S Narasimha said the court will issue notice on the petition and it will list the matter on July 11. "You may make a statement that the oath is not administered until next Tuesday. We will take this up next Tuesday….”, the bench orally observed, while hearing arguments from senior advocates A M Singhvi, representing the Delhi government, and Solicitor General Tushar Mehta, representing the Centre. Mehta informed the court that the oath would be administered by the government's minister.
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The top court noted that the petition raises a point of law regarding the validity of Section 45D of the Government of National Capital Territory of Delhi (GNCTD) Act, amended by the latest ordinance issued by the Centre. According to the Delhi government, the ordinance gives overriding powers to the LG over the elected. The top court also issued notice to the Centre, the office of LG, and also the Attorney General of India.
During the hearing, the top court appeared to be willing to stay the notification appointing the former judge as the DERC chairman but it refrained from it and recorded the statement that the oath-taking ceremony will stand deferred.
The bench said, "It is understood that administration of oath in pursuance of the notification dated... to the former judge of the Allahabad High Court judge shall stand deferred……”.
Singhvi vehemently submitted that the political executive gives free power up to 200 units to the citizens of the capital and by appointing their own chairman the Centre wants to stop the free electricity scheme. Mehta objected to these submissions and said that nobody wants to stop the scheme. Singhvi said they are reducing the political executive to an executing agency. At this juncture, Chief Justice Chandrachud queried has Justice Umesh Kumar taken the oath? Singhvi said, “No not yet….irony is my minister will administer the oath to the person appointed by them…..”.
Mehta submitted that in June notification was issued appointing Justice Umesh Kumar and the government asked Justice Kumar for a convenient time of oath. He added that the notification was forwarded to the Ministry of Power, and then it was informed that a writ petition was filed challenging his appointment. Mehta said Justice Kumar maintained that his oath-taking could be on June 26 and claimed that the Delhi government is playing with the judge and questioned, 'Can this be allowed'?
Mehta further added that there is a petition challenging the entire ordinance and this petition is like testing the waters and here they are challenging a decision taken under the ordinance. Senior advocate Sanjay Jain, representing the LG, submitted that the original order was for the retired high court judge Justice Rajeev Shrivastava but he was in the USA and expressed his disinclination to accept and then the other name- Justice Umesh Kumar came. Justice Umesh Kumar was appointed as the chairman of the Delhi Electricity Regulatory Commission (DERC) on 21 June.
On July 3, LG V K Saxena advised chief minister Arvind Kejriwal to complete the oath-taking exercise of Justice Kumar through video conferencing, after the event was postponed due to Delhi Power Minister Atishi’s ill health.
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