RAJESH AWASTHI versus NAND LAL JAISWAL & ORS.

RAJESH AWASTHI versus NAND LAL JAISWAL & ORS.

Non-compliance with the mandatory procedure under s.85(5) of Electricity Act by the Selection Committee vitiated the entire selection process; appointment of appellant as Chairperson was void and High Court was justified in annulling it.

Parties
Appellant: Rajesh Awasthi; Respondents: Nano Lal Jaiswal & Ors.
Jurisdiction
India
Judgment Date
19 October 2012
Procedural Posture
Civil Appeal / Appeal Against Order of High Court Issued Writ of Quo Warranto
Outcome
Appeal dismissed
Legal Topics
Quo Warranto, Appointment to Statutory Bodies, Compliance With Statutory Provisions, Electricity Regulatory Commission, Selection Committee Powers
Administrative Law Constitutional Law Electricity Law Quo Warranto Appointment to Statutory Bodies Compliance With Statutory Provisions Electricity Regulatory Commission Selection Committee Powers

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Parties

Rajesh Awasthi

Appellant

Nano Lal Jaiswal & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Order of High Court Issued Writ of Quo Warranto

Legal Issues

  1. 1 Whether appointment of Chairperson to U.P. State Electricity Regulatory Commission violated mandatory requirements under s.85(5) of Electricity Act, 2003
  2. 2 Whether High Court was justified in issuing writ of quo warranto annulling the appointment

Ratio Decidendi

Non-compliance with the mandatory procedure under s.85(5) of Electricity Act by the Selection Committee vitiated the entire selection process; appointment of appellant as Chairperson was void and High Court was justified in annulling it.

Court Disposition

Appeal dismissed

Orders

  • Appointment of appellant as Chairperson quashed and declared void
  • Appellant has no authority to hold post of Chairperson