VIDYUT UPBHOKTA ASSOCIATION SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners have filed this petition for the following reliefs :

(2.) THE second respondent State of M. P. has filed its return. The third respondent Commission and the fourth respondent Chairperson of the Commission have filed a separate joint return. They have denied the contentions of the petitioner. They stated that initially the Commission was constituted under Section 17 of the Electricity Regulatory Commission Act, 1998 (for short 'old Regulatory Commission Act' ). The first Chairperson of the Commission appointed under the old Regulatory Commission Act was a retired Judge of the High Court. On coming into force of V. S. Act with effect from 3-7-2001, the said Commission continued to function, by virtue of the saving clause in Section 60 of the V. S. Act. Thereafter, the fourth respondent was appointed under Section 5 of the V. S. Act. They contend that the Sections 2 (j), 3, 4 and 5 of the V. S. Act are not inconsistent with Section 84 or 85 of the Electricity Act. They submit the appointment of fourth respondent as Chairman of the Commission by notification dated 11-3-2002 under the provisions of V. S. Act.

(3.) IN order to appreciate the controversy raised by the petitioners the relevant provisions of the enactments referred, are extracted below :- The Electricity Regulatory Commission Act, 1998: Section 17. Establishment and incorporation of State Commission. (