BRIJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN exercise of the powers conferred by Section 78 of the Electricity (Supply) Act, 1948 (hereinafter referred to as "the Act, 1948"), the State Government framed the Rajasthan State Electricity Supply Rules, 1963 (hereinafter referred to as, "the Rules, 1963" ). Rule 4 of the Rules, 1963 prescribes the terms of office and conditions of appointment of Chairman and Members of the Rajasthan State Electricity Board (in short, "the Board" ). Sub-rule (3) of Rule 4 of the Rules, 1963 lays down that:- "4(3)No person shall hold office of the Chairman or a Member beyond the age of sixty five years. " By means of an amendment made on 8. 12. 1992, made in exercise of the powers, aforesaid, Rules, 1963 were amended. IN Rule 4, after sub-rule (2) a new sub-rule viz. , (2a) has been inserted and for sub-rule (3) the following sub-rule has been substituted: "4 (3)No person shall hold office of the Chairman or a member beyond the age of sixty seven years. "

(2.) THE petitioner has challenged the validity of the aforesaid rules on the ground that the same is not in consonance with the policy of the State Government and in keeping with the principles and the spirit of the Act, 1948.

(3.) SUB-section (1) of Sec. 78 is general in nature whereas clause (a) of sub-section (2) is particular dealing with the subjects enumerated therein. One of the subjects, on which rule can be made, is about the term of office of the Chairman and other Members of the Board. It also deals with re-appointment.