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This is an archive article published on July 4, 2023

DERC chairman’s oath deferred, SC to hear Delhi govt’s plea next week

Issuing notice on the plea by the Delhi government, a bench of Chief Justice of India D Y Chandrachud and Justice P S Narasimha said that though it was inclined to stay the notification appointing the chairman, it would not do so if it was assured that the oath-taking will not take place till the matter is heard finally.

sc defers derc chairman oath takingThe court recorded that “it is understood that administration of oath in pursuance of the notification dated June 22, 2023, to the former judge of the Allahabad High Court judge will stand deferred”. (Express Photo By Amit Mehra)
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DERC chairman’s oath deferred, SC to hear Delhi govt’s plea next week
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The oath-taking of Delhi Electricity Regulatory Commission (DERC) chairperson-designate Justice (Retd) Umesh Kumar was postponed as the Supreme Court on Tuesday agreed to take up the Delhi government’s petition challenging his appointment for a final hearing on July 11.

Issuing notice on the plea by the Delhi government, a bench of Chief Justice of India D Y Chandrachud and Justice P S Narasimha said that though it was inclined to stay the notification appointing the chairman, it would not do so if it was assured that the oath-taking will not take place till the matter is heard finally.

On being assured of the same, the court recorded that “it is understood that administration of oath in pursuance of the notification dated June 22, 2023, to the former judge of the Allahabad High Court judge will stand deferred”.

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The court added verbally, “Also, the L-G should not then inform the government that they have to administer the oath when we are seized of the matter”.

Appearing for the Delhi government, Senior Advocate A M Singhvi said the Centre was appointing its nominee to stop the AAP government’s 200 units’ free electricity scheme. “As a political executive, I give power of 200 units to the poorest of the poor in Delhi. It’s the most popular scheme in Delhi. Now they want a chairman of their choice to stop that scheme,” he said.

Opposing this, Solicitor General Tushar Mehta, appearing for the Centre, said, “Nobody is stopping anything.” He added that such statements were being made for media attention.

The appointment of the DERC chairperson was a bone of contention between the AAP government in Delhi and Lieutenant Governor V K Saxena after the promulgation of the Centre’s ordinance on the services matter.

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