The Supreme Court on Tuesday allowed the Aam Aadmi Party (AAP) government in Delhi to defer the oath ceremony of Justice Umesh Kumar (Retd.), who was appointed as the chairman of the Delhi Electricity Regulatory Commission (DERC) by the central government.
The court's decision came after the AAP government filed a petition seeking a week's time to challenge the central government's appointment of Justice Kumar. The court agreed to the AAP government's request and directed the central government to defer the oath ceremony of Justice Kumar till July 11.
The AAP government had challenged the central government's appointment of Justice Kumar on the grounds that it was unconstitutional and illegal. The AAP government argued that the central government did not have the power to appoint the chairman of the DERC, as this power was vested with the Delhi government under the Delhi Electricity Reforms Act, 2000.
The central government, on the other hand, argued that it had the power to appoint the chairman of the DERC, as the DERC was a statutory body under the Electricity Act, 2003. The central government also argued that the AAP government's petition was not maintainable, as it had not challenged the appointment of Justice Kumar within 30 days of the appointment.
The Supreme Court will now hear the AAP government's petition on July 11.
The AAP government's decision to challenge the central government's appointment of Justice Kumar is seen as a major political move. The AAP government is hoping to score a brownie point with the people of Delhi by challenging the central government's authority in the matter of the DERC. The AAP government is also hoping to use the issue to galvanize its support base ahead of the upcoming assembly elections in Delhi.
The central government's decision to appoint Justice Kumar as the chairman of the DERC is seen as a way to assert its authority over the AAP government. The central government is also hoping to use the DERC to control the electricity prices in Delhi. The central government has been unhappy with the AAP government's handling of the electricity sector in Delhi. The central government believes that the AAP government has been mismanaging the electricity sector and that this has led to higher electricity prices in Delhi.
The Supreme Court's decision to allow the AAP government to defer the oath ceremony of Justice Kumar is a setback for the central government. The central government will now have to wait till July 11 to see if the Supreme Court upholds its appointment of Justice Kumar as the chairman of the DERC.
In addition to the above, here are some other important details to add to the article:
- The DERC is a statutory body that is responsible for regulating the electricity sector in Delhi.
- The chairman of the DERC is a powerful position, as the person in this role has the authority to set electricity tariffs and approve new power projects.
- The AAP government and the central government have been at loggerheads over the appointment of the DERC chairman for several years.
- The AAP government believes that the central government is interfering in the affairs of the Delhi government by appointing the DERC chairman.
- The central government, on the other hand, believes that it has the right to appoint the DERC chairman, as the DERC is a statutory body under the Electricity Act, 2003.
- The Supreme Court's decision to allow the AAP government to defer the oath ceremony of Justice Kumar is a temporary setback for the central government. The central government will now have to wait till July 11 to see if the Supreme Court upholds its appointment of Justice Kumar as the chairman of the DERC.
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