DERC chairman row: SC issues notice to Centre, Delhi Lt Governor; defers appointment

New Delhi: Amid the showdown between the Arvind Kejriwal-led Delhi government and Lieutenant Governor VK Saxena regarding the appointment of the power regulator chief, the Supreme Court today issued a notice to the Delhi government and the Centre, and deferred the oath ceremony for the post.

The Court directed the Lieutenant Governor not to demand that the Aam Aadmi Party (AAP) government administer the oath to Justice (retired) Umesh Kumar for the position of Chairman of the Delhi Electricity Regulatory Commission (DERC) until the next hearing scheduled for July 11.

This development occurs against the backdrop of the power struggle between the central government and the Delhi government over control of the capital's bureaucrats.

In May, the apex Court ruled that the elected government should exercise control over officials in Delhi, limiting the authority of the Lieutenant Governor to public order, law, and land matters.

Subsequently, the central government issued an ordinance to retain control over Delhi bureaucrats, prompting the Kejriwal government to approach the Supreme Court.

The Delhi government filed a separate petition challenging the Lieutenant Governor's decision to appoint the power regulator's chairman, alleging that it was an attempt by the BJP-led central government to hinder the power subsidies provided to the city's residents by the AAP government.

Responding to the allegations, Solicitor General Tushar Mehta stated that "no one is stopping free power" and accused the Delhi government of intentionally delaying the administration of the oath to the newly appointed DERC chief.

Previously, the Lieutenant Governor had requested the Delhi government to administer the oath of office to Justice Mehta, a former judge of the Allahabad High Court, by 10 am on the scheduled day.

However, senior AAP leader and Delhi Power Minister Atishi encountered a health issue, resulting in the postponement of the oath ceremony.

In a letter to the Chief Minister, the Lieutenant Governor expressed his disbelief saying that "It seems bizarre to say the least that a notification of the President of India issued way back on 21st June, 2023 is not being given effect to, on account of unavailability of the Minister, in today's digital age”.

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