The Apex Court while admitting a petition filed by the Government of National Capital Territory of Delhi (GNCTD) has come forward to defer the oath taking of the former Allahabad High Court Judge Justice Umesh Kumar who had to join as the Chairperson of the Delhi Electricity Regulatory Commission (DERC).
The appointment was challenged by the Delhi Government on the ground that it was unilaterally made by the LG without its concurrence.
A bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha noted that the petition raises a point of law regarding the validity of Section 45D of the GNCTD Act, as amended by the latest Ordinance issued by the Centre, which gives overriding powers to the Lieutenant Governor over the elected government in the matter of appointments.
The bench issued notice to the Attorney General on this point of law and posted the matter next Tuesday for further hearing.
The bench was inclined to stay the notification appointing the former judge as the DERC Chairman. However, it refrained from expressly doing so and recorded the statement that the oath taking ceremony will stand deferred.
“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”, the bench recorded in the order.
Senior Advocate Dr Abhishek Manu Singhvi, appearing for the Delhi Government, sought for a stay of the notification appointing Justice Kumar, by saying that the oath-taking ceremony is scheduled on Thursday.
Singhvi argued that the unilateral action by the LG is against the Supreme Court’s Constitution Bench judgment and also the spirit of Article 239AA of the Constitution.When the Delhi Government pays for the Commission and is accountable to the electorate, Singhvi wondered if it won’t get the right to choose the Chairman.
“As a political executive, I give power of 200 units to the poorest of poor in Delhi. It’s the most popular scheme in Delhi. Now they want to appoint someone and stop that!”, Singhvi exclaimed.
Solicitor General of India Tushar Mehta pointed out that the Justice Kumar was appointed after taking the concurrence of the Chief Justice of the Allahabad High Court, as directed by the Supreme Court on May 19.
At this point, Chief Justice of India DY Chandrachud asked who wrote to the HC Chief Justice seeking his concurrence. “The LG or the Government?”, CJI asked.”LG”, replied the SG.
Following this, the bench decided to pass the interim order. SG said that it is the function of the Government to administer the oath, which they have been delaying since June 22 by giving one reason or the another.
“Please do not give a stamp of approval to the fact that they are already deferring this since June 23.. they have been dodging this on one reason or the other”, SG said.
“Then we will stay the notification which we were already inclined to do.. but somehow we wanted to give a different feel to it”, CJI said.
Senior Advocate Sanjay Jain, appearing for the LG, informed the bench that the retired judge recommended by the Delhi Government, Justice Rajeev Kumar Shrivastava, has declined to accept the post citing personal difficulties.
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