The Delhi High Court on Wednesday sought a response from the Delhi government challenging its nomination of fresh directors to the boards of the three power distribution companies in the capital without Lt. Governor Najeeb Jung's nod.
A division bench of Chief Justice G. Rohini and Justice Jayant Nath asked the Delhi government to file a response on a PIL seeking quashing of the June 18 notification.
The court posted the matter for September 23.
Senior advocate Kirti Uppal, appearing for petitioner Sandeep Tiwari, said Chief Minister Arvind Kejriwal had nominated fresh directors to the boards of the discoms which is "illegal, arbitrary and unconstitutional" as prior approval from Jung was not taken.
He argued that according to a home ministry notice on May 21 and section 41 of the Government of National Capital Territory Delhi Act 1991, all executive appointments are required to be made by or with the approval of Lt. Governor.
"The appointments of private members/non-bureaucrats as the nominee directors of the government on board of the three discoms is completely arbitrary and in violation of the constitution and statutory provisions and as such liable to be quashed," it added.
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It asked the court to declare the nomination on the boards of Tata Power Delhi Distribution Ltd, BSES Rajdhani Power Ltd and BSES Yamuna Power Ltd as illegal and unconstitutional.
The government has 49 percent stake in discoms.