CERS expresses concern over delay in appointing GERC chairperson

Ahmedabad, 26 August 2013

Consumer Education & Research Society (CERS), a pioneer in taking initiatives that safeguard the consumers interest throughout the country, has opposed the regular flouting of norms and expressed grave concerns over the delay in the appointment of GERC chairman by the State Government. In a detailed letter dated 20th August 2013 addressed to State Energy Minister, CERS has pointed out the different sections of the Electricity Act of 2003 which clearly say that the position of the Chairman should not remain vacant even for one day and highlighted the flouting of these norms by the State Government by delaying the appointment of GERC chairman post the retirement of Dr. P.K.Mishra as Chairman. CERS has also given reference of its previously written letter dated 24th June addressed to the Union Power Minister with a copy to the State authority as well wherein it has demanded appointment of Judiciary person to ensure smooth functioning of the regulatory body of Gujarat.

Quoting the section 85 of Electricity Act CERS pointed out that selecting members of the State commission happens through the formation of a Selection committee comprising of a Judge of the High Court as the Chairperson, the Chief Secretary of the concerned State as a Member and the Chairperson of Central Electricity Authority or Chairperson of Central Commission Member. Additionally, the State Government is not permitted to leave the seat of the chairperson vacant and is responsible to make a reference to the Selection committee to fill up the vacancy six months in advance. The Selection Committee on the other hand is bound to finalise the selection of Chairperson or Member within three months from the date on which the reference is made to it. Also, selection Committee has to recommend a panel of two names for every vacancy referred to it.

However, the State Government has failed to appoint new Chairperson in time and clearly not abided by any of the provisions of the Electricity Act. Additionally, in this case the date of retirement of Dr. Mishra was known to State Govt and therefore necessary steps would have to ensured that the post of GERC Chairperson does not remain vacant for a single day. In its letter, CERS has urged the State Government to appoint a new chairman according to the provisions of the Electricity Act at the earliest in order to ensure smooth functioning of the GERC. CERS has clearly expressed its concern over the lack of implementation of provisions of Electricity Act that will ultimately put a negative impression on the functioning of GERC and Electricity Companies of Gujarat.