Supreme Court to appoint ad-hoc chairperson for DERC after Delhi government, LG unable to reach consensus

The Supreme Court on Thursday said that it will appoint a chairperson for the Delhi Electricity Regulatory Commission (DERC) on an ad hoc basis until it disposes of the plea by the Delhi government challenging the appointment of Justice Umesh Kumar to the post..A bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and Manoj Misra was told today that no consensus could be reached between the Delhi government and the Lieutenant Governor (LG) on who should head the DERC.The Court, therefore, said that it would appoint a chairperson temporarily. The ad hoc appointee can perform the chairperson's duties until the dispute between the Delhi government and the LG is decided, the Court suggested."We can appoint somebody on a protem basis so that he can continue until the matter is disposed of. We can ask that person to perform duties of that office till then and he can do his regular work also meanwhile," the Court said.The Court added that it would shortlist some names for the post and consult a few former judges. The bench clarified that the judge so appointed would be performing the chairperson's functions as a duty to the Court and not for 'three or five' years..The Court had initially suggested that the earlier appointment of Justice Kumar could continue, subject to further orders.However, Senior Advocate Abhishek Manu Singhvi, appearing for the Delhi government, opposed the suggestion. He contended that Justice Kumar's appointment was made on the basis of the Delhi Services Ordinance, which is under challenge on grounds that it flouts the Supreme Court's Constitution Bench judgment on control of services in Delhi..The Court today also decided to refer the Delhi Services Ordinance challenge to a Constitution Bench of the Court. .Justice Narasimha pointed out that the Constitution Bench may take two months to resolve the ordinance issue. Hence, he asked whether the DERC could function without a chairperson until then. The judge also expressed anguish that no one seemed to care about the institution. "The institution will remain headless," the CJI Chandrachud added..The matter will be heard next on August 4. .Earlier, on July 4, the Court had deferred the swearing in of Justice Kumar to the post of DERC chairperson, after the Delhi government challenged the move before the Supreme Court. During a subsequent hearing, which took place last Monday, the top court had urged the Delhi LG and the Aam Aadmi Party (AAP) led government to jointly suggest a name for the chairperson. .However, since the two functionaries could not arrive at a consensus on this issue, the Court decided to appoint an ad hoc chairperson. .[Read live coverage of the hearing]