The Supreme Court on Tuesday deferred the oath-taking ceremony of retired Allahabad High Court judge Justice Umesh Kumar as the chairperson of the Delhi Electricity Regulatory Commission, reported Bar and Bench.
A bench of Chief Justice DY Chandrachud and Justice PS Narasimha also issued notices to the Centre and the office of Lieutenant Governor VK Saxena on a petition filed by the Delhi government challenging a provision of the ordinance through which Kumar was appointed.
The ordinance gives overriding powers to the Lieutenant Governor over the elected government in appointments.
The case will be heard next on July 11.
Saxena appointed Kumar as the chairperson of the Delhi Electricity Regulatory Commission on June 21.
Kumar’s appointment is the latest flashpoint between the Delhi government and the office of the lieutenant governor. The state government claims that the lieutenant governor has to act on the aid and advice of the council of ministers.
The post of the Delhi Electricity Regulatory Commission chairperson fell vacant after the former head of the commission Justice Shabihul Hasnain was demitted from office on January 9, according to PTI.
The Aam Aadmi Party initially recommended Justice Rajeev Kumar Shrivastava, but alleged that his appointment was delayed by the office of the lieutenant governor.
The issue was brought before the Supreme Court, which on May 22 said that the lieutenant governor “cannot stultify” the government, and asked him not to delay the appointment.
Subsequently, Justice Srivastava expressed his inability to take the role due to “family commitments and requirements”, following which the Delhi government recommended former Justice Sangeet Raj Lodha of the Rajasthan High Court on June 21.
However, hours after the Delhi government’s recommendation, the Central government notified the name of Justice Kumar.
On Monday, Justice Kumar’s oath-taking ceremony was delayed after Delhi’s Power Minister Atishi “suddenly took ill”, according to The Indian Express.
The lieutenant governor then advised Delhi Chief Minister Arvind Kejriwal to complete the ceremony through video conferencing.
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