Hunt For New DERC Chairperson Starts

New Delhi: Delhi govt has started the hunt for a new chairperson for the Delhi Electricity Regulatory Commission (DERC) following the resignation of retired judge, Justice Jayant Nath.
Nath was appointed as the power regulator's chairperson in Aug 2023 by a Supreme Court bench headed by the then Chief Justice of India on a pro-term basis, following a stalemate between AAP's govt and the lieutenant governor. The apex court in Oct 2024 allowed him to continue in the post regardless of the attainment of retirement age (65 years).
Sources said Justice Nath tendered his resignation days after BJP defeated AAP in the assembly polls. The power department of Delhi govt issued his relieving order on Friday, following lieutenant governor VK Saxena's approval.
While accepting the resignation, the LG also directed govt to inform the Supreme Court about the development and initiate the process to fill the position at the earliest. The DERC plays a "pivotal role as an independent regulatory body dealing with the power sector in the capital and is also responsible for setting tariffs, regulating the performance of power distribution companies, and promoting competition in the electricity market."
The appointment of the DERC chairperson became a major bone of contention between AAP govt and Centre in 2023 after the latter amended the Government of National Capital Territory of Delhi (GNCTD) Act and altered power dynamics by taking ‘services' under its executive control. After AAP govt's earlier pick for the post, retired Justice Rajiv Kumar Shrivastava, expressed his inability to join, the Centre, drawing powers from the amended Act, issued a gazette notification appointing retired Justice Umesh Kumar.
The then AAP govt called the appointment "illegal and unconstitutional" and alleged that CM Arvind Kejriwal had recommended the name of another retired Justice, Sangeet Lodha, but the Centre "wilfully ignored and overlooked" the aid and advice of the elected dispensation on a transferred subject. With the state govt and the Centre failing to reach a consensus, Justice Jayant Nath was nominated as the interim chairperson by the Supreme Court on Aug 4, 2023.
Now that the case is being withdrawn, sources said Delhi govt, in consultation with the high court, will have to shortlist a panel of three names for the post and send it to the LG for his concurrence. Once approved by the LG, the DERC chairperson can be appointed.