SC advises Delhi CM and LG to jointly appoint DERC chairman

New Delhi: Amid the ongoing tussle between the Delhi government and the Raj Bhavan, the Supreme Court has ruled that the appointment of the chairman of the Delhi Electricity Regulatory Commission (DERC) should be taken jointly by Arvind Kejriwal and LG VK Saxena.A bench of Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice Manoj Mishra heard the matter on Monday.

Giving advice to rise above discord, The Supreme Court reminded them that they are on a constitutional post.The Supreme Court ruled that the LG and the Chief Minister shall meet jointly in order to choose the next chairman of the DERC. The Supreme Court has requested that they should choose the name.

Senior Advocate Dr.Abhishek Manu Singhvi, representing the Delhi Government, and Senior Advocate Harish Salve, representing the Delhi LG, agreed to seek instructions from their respective clients on the matter, even though Singhvi expressed doubts that the impasse can even be resolved without the intervention of the Supreme Court. Salve stated, "It is unfortunate that the Delhi government's counsel has begun to say that they have no hope." The initial reply should be, "Yes, we will do it." Singhvi asserted he was only being practical and expressed concern that the DERC remains "headless."

"I am sure it can be resolved if both sit together and talk to each other," stated CJI Chandrachud.The bench adjourned the case till Thursday to await the result of talks between the Delhi government and the LG.The judges also requested the lawyers for the Lieutenant Governor and the Chief Minister to inform them about today's developments in the court. "The two constitutional functionaries must rise above political squabbles and name a chairperson for the DERC," the bench concluded.

Earlier, on July 4, the Supreme Court had stayed the swearing-in of Justice (retd) Umesh Kumar Grahan, who was appointed by LG VK Saxena. On June 21, LG VK Saxena approved the name of Umesh Kumar. Umesh Kumar was about to take oath on the same day. The Aam Aadmi Party government has challenged in the Supreme Court, claiming that the LG has taken this decision unilaterally.