Madurai
A public interest litigation petition filed before the Madurai Bench of the Madras High Court on Tuesday has challenged a notification issued by the Energy Department and sought a direction to include a member from the judicial fraternity as a member to the Tamil Nadu Electricity Regulatory Commission.
The petitioner, Advocate V. Nirmal Kumar from Madurai, in his public interest litigation petition pointed out that the State Commission had enormous powers and functions with regard to matters relating to administration of Electricity, Renewable power, tariffs as enumerated under the Electricity Act 2003.
The commission is also empowered to fix the retail tariff for supply of electricity for public and as well as other category of consumers.
Apart from this, The State Commission as a quasi-judicial body is entrusted with powers of a civil court under Section 94 of the Electricity Act, 2003.
Such a body is expected to be free from any prejudice and conflict of interest with regard to appointment of chairperson and members.
When in 2014 a case of conflict of interest was bought to light, the Supreme Court in its verdict said that in the view of adjudicatory functions of the Commission, it was necessary to have one member from the judicial fraternity.
However, the current notification does not specify the appointment of a member from the judicial fraternity, as per the direction of the Supreme Court.
The current notification has to be altered to include a member from the judicial fraternity as a the member of the State Commission, the petitioner said.
A Division Bench of Justices N. Kirubakaran and S.S. Sundar directed the State to file an affidavit before the court stating that the appointment to the post of the member would be in line with that of the Electricity Act, 2003.
The case was adjourned to April 3.