New Delhi: The Supreme Court Monday asked Delhi Chief Minister and lieutenant governor (LG) of Delhi, the two constitutional functionaries, to sit down and decide on the name for the chairperson of the Delhi Electricity Regulatory Commission (DERC).
A bench headed by Chief Justice of India D Y Chandrachud asked the counsel representing the Delhi government and the L-G if the two -- CM Arvind Kejriwal and LG Vinai Kumar Saxena -- can sit down and decide on the name for chairperson of DERC? The Chief Justice stressed, "They're constitutional functionaries...They have to rise above political bickering…They must sit together and give us a name”.
Senior advocate A M Singhvi, representing the Delhi government, said: "I don't have a problem if they can miraculously agree". Senior advocate Harish Salve, representing the Delhi L-G, said he is "fine with it and this must happen and it is unfortunate that the Delhi government lawyer starts by saying that he has no hope and instead, the first reaction should be yes, we'll do it".
The bench, also comprising justices P S Narasimha and Manoj Mishra, reiterated that both should get down to the serious business of governance in the national capital, and decide unanimously on the next DERC chief. The Chief Justice said if there was a law that CJI decides, "I would have given a name. I have a whole host of extraordinary people..."
Singhvi said they can sit together, "I am just realistic. We will sit and come back tomorrow....” After hearing the submissions, the bench said it can take up the matter on Thursday and the counsel can apprise it of the decision taken in the matter. Former Allahabad High Court judge Justice Umesh Kumar was not administered the oath of office as the new chairperson of the Delhi Electricity Regulatory Commission (DERC), as the Supreme Court agreed to examine a plea by the Delhi government
On July 4, the apex court agreed to examine the plea by the Delhi government challenging Justice Kumar’s appointment, where the state government said that it was unilaterally made by the Lieutenant Governor without its concurrence. The appointment of the DERC chairperson has led to a power tussle between the Delhi government and the office of the L-G.
The top court had said it will issue notice on the petition and would 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.
