Supreme Court to hear AAP's plea against appointment of new DERC chairperson tomorrow

 

SC to hear AAP's plea on constitutionality of Centre's Ordinance tomorrow

              

  The Delhi government, led by the Aam Aadmi Party (AAP), filed a plea with the Supreme Court objecting to the nomination of justice (retired) Umesh Kumar as the head of the Delhi Electricity Regulatory Commission (DERC). The petition will be heard by the Supreme Court tomorrow.
The ruling had previously been contested by the Delhi government, which called it "illegal and unconstitutional." The DERC chairperson seat had been vacant since January 10 after justice (ret.) Shabihul Husnain resigned from his job due to attaining superannuation. The appointment was made to fill the vacancy.
Atishi, the minister of power for Delhi, said that the recruitment was carried out by "overlooking" the assistance and counsel of the elected government and that, as a result, the appointment of someone else for that position violated the constitution. Arvind Kejriwal, the chief minister of Delhi, had proposed justice (retd) Sangeet Lodha for the position, but the President made a "illegal" choice, according to her.
Earlier, former deputy CM Manish Sisodia, who also held the electricity portfolio, submitted the application, and CM Kejriwal approved justice (retd) Rajeev Shrivastava for the role. However, Lieutenant Governor Vinai Saxena returned the file with the request to additionally consult with the Chief Justice of the Delhi High Court regarding the appointment.

Later, on April 12, the Delhi government filed a petition with the Supreme Court, blaming the LG for the delay in the appointment. The government has two weeks to name the DERC chairwoman after the top court ordered the government to do so on May 19 after observing that the LG is not authorized to exercise his own judgment in such appointments.


Due to "family commitments and requirements," justice Shrivastava eventually "expressed his inability to accept the appointment."


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