Issue of DERC chairperson’s appointment will have to await judgement of Constitution Bench: SC

A bench headed by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra noted that Justice Jayant Nath (retired) has taken charge of the electricity tariff regulatory body as chairperson pursuant to an interim direction passed by the apex court.

New Delhi: The Supreme Court on Wednesday said that the issue of Delhi Electricity Regulatory Commission (DERC) chairperson’s appointment will have to await the outcome of the proceedings pending before a 5-judge Constitution Bench.

A bench headed by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra noted that Justice Jayant Nath (retired) has taken charge of the electricity tariff regulatory body as chairperson pursuant to an interim direction passed by the apex court.

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On August 4, the Supreme Court nominated former Delhi High Court judge, Justice Nath, as an ad hoc chairman of DERC after Delhi Lt Governor and Chief Minister failed to reach consensus on a common name.

It may be recalled that the Delhi government has challenged the provisions of the National Capital Territory of Delhi (Amendment) Act, 2023 giving overriding powers to the Lieutenant Governor over the elected government in the matter of appointments.

The plea is pending for consideration of a five-judge Constitution Bench.