Recently, the Supreme Court extended the tenure of former Delhi High Court Judge, Justice Jayant Nath, as the interim chairperson of the Delhi Electricity Regulatory Commission (DERC), beyond the statutory retirement age of 65 years. The extension aims to maintain stability in the leadership of the DERC amid the ongoing dispute between the AAP-led Delhi government and the office of the Lieutenant Governor (LG) over the appointment of a permanent chairperson.
Justice Nath was initially appointed as the interim DERC chairperson by the Supreme Court on August 4, 2023, to resolve the deadlock between the Delhi government and the LG's office. With Justice Nath approaching the retirement age, the Delhi government submitted a fresh plea stating it had no objections to his tenure being extended beyond 65 years. Senior advocate Sanjay Jain, representing the LG, also consented to the extension, requesting the court to temporarily waive the age limit.
A bench comprising Chief Justice D Y Chandrachud, along with Justice J B Pardiwala and Justice Manoj Misra, considered the plea and agreed that Justice Nath’s familiarity with the commission’s affairs warranted the extension. The bench recorded the consent of both the Delhi government and the LG's office, allowing Justice Nath to continue until a final decision is made on the main petition.
The dispute between the Delhi government and the LG over the appointment of the DERC chairperson had reached a stalemate, with both sides unable to agree on a candidate. In July 2023, the Supreme Court urged the Delhi Chief Minister and the LG to set aside political differences and work together to resolve the issue, emphasising the importance of governance over public posturing.
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