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The Delhi High Court Friday issued notice to the Centre and Delhi government on a plea challenging the appointment of the Delhi Electricity Regulatory Commission (DERC) chairperson. The plea alleges the appointment was done in violation of rules.
The plea, which was heard before the bench of Chief Justice G Rohini and Justice V P Vaish, also alleges that the AAP government made the appointment without seeking the Lieutenant Governor’s approval, in violation of the DERC Act.
Appearing before the bench, senior advocate Chetan Sharma argued that the AAP government could not have constituted the selection committee for the appointment of the chairperson, and the oath administered to the chairperson was also illegal since the DERC conducted a quasi-judicial function, therefore the Lt Governor should have administered the oath of office.
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The plea has been filed by advocate A Mishra, who sought quashing of the appointment of Krishna Saini, alleging that it was in violation of the February 20, 2004 notification issued of the Ministry of Home Affairs (MHA) under Article 239 (1) of the Constitution read with section 2 (5) (b) and Section 85 of the Electricity Act, 2003.
Saini had assumed office on March 4, and was administered the oath of office by the Power Minister of Delhi.