ANTARYAMI SAHOO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In the recent past, far-reaching changes were brought about in the functioning of the Electricity Boards of different States in general, and the erstwhile A.P. Electricity Board, in particular. The unified agency, which used to undertake the functions of generation and distribution of electricity, was divided into many entities to undertake the functions of generation, transmission and distribution. Companies with these attributes were incorporated. A statutory agency, i.e. the Regulatory Authority, was constituted. Steps, in this regard, were taken in the State of Andhra Pradesh through the Andhra Pradesh Electricity Reform Act 1998, (for short 'the A.P. Act'). The Act dealt with the constitution of the Electricity Regulatory Commission (for short 'the Commission'), and defined the powers and functions thereof. It has also received the assent of the President of India.

(2.) The Parliament enacted the Electricity Act, 2003, (for short 'the Central Act'), which covered many aspects, such as the supply and regulation of electricity, as well as the constitution of commissions for the States and at the central levels. The Central Act repealed much Legislation, but saved the A.P. Act.

(3.) The State Government is conferred with the power to constitute the State Regulatory Commission, both under the A.P. Act and the Central Act. The procedure for appointing the Commission under the State Act was prescribed under Part-II thereof. Section 5 of the A.P. Act stipulated the conditions for appointment of Members of Commission. One of the stipulations was that a person shall not be below the age of 55 years to be appointed the Chairman or Member of the Commission. The Central Act is silent on this aspect.