Madras HC order on SERC head upheld

The landmark verdict put to rest the vexatious question that had come to light due to conflicting judgments of Madras and Gujarat High Courts on the interpretation of a provision of the Electricity Act on the appointment of the chairperson. 

The Madras HC had held in Feb 2014, that there was no such mandatory requirement to appoint a HC judge as the chairperson of the SERC. However, there was an option to appoint a judge, it had said. On the contrary, the Gujarat HC, in a similar case, held in 2015 that it was mandatory to appoint a HC judge.

Settling the issue, a bench of justices J Chelameswar and Sanjay Kishan Kaul said, “Section 84(2) of the said act is only an enabling provision to appoint a HC judge as head of the state commission of the said act, and it is not mandatory to do so.” 

“Both the golden rule and the literal rule of statutory construction are well established that a statute must be read as it is framed by the legislature. It is not the function of the court to supplant or read into the statute something which is not provided,” Justice Kaul, writing the judgement, said. 

The court, however, held that it was mandatory that there should be a person of legal background as a member of SERCs and he or she should possess professional qualifications with substantial experience in the practice of law and should have been appointed as a judge of the High Court or a district judge, it said.