MUHAMMED HAJI Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) In these batch of wit petitions, the issue that is raised is the validity of the appointment of the appellate authority, made under Section 127 of the Electricity Act, 2003 read with Appeal to the Appellate Authority Rules, 2004. Section 127 of the Electricity Act, provides for Appeal to the Appellate Authority. This section reads thus:

(2.) The Appeal to the Appellate Authority Rules, 2004 were framed by the Central Government in exercise of its powers under Section 176(2) of the Electricity Act, 2003. Rule 3 of the Appeal to the Appellate Authority Rules, 2004 provides thus:

(3.) Reading of Section 127 of the Act in the light of Rule 3 of the Appellate Authority Rules show that any person aggrieved by a final order made under Section 126 providing for assessment, may within 30 days of the order, prefer an appeal in the prescribed manner and accompanied by such fee as may be specified by the State Commission. Under Section 127(2) of the Act, no appeal filed under Section 127(1) of the Act shall be entertained unless an amount equal to half of the assessed amount is deposited with the licencee and documentary evidence is enclosed along with the appeal.