Conflict of interest: NGO objects to appointment of TNERC member

Arappor Iyakkam has urged the state government to remove the newly-appointed member of Tamil Nadu Electricity Regulatory Commission, Jarard Kishore, citing conflicts of interests and violation of various sections of the electricity Act.

Before his appointment, Jarard Kishore worked as president (commercial and legal) of private power companies which have filed multiple petitions against the Tangedco in the TNERC.

In a letter to Chief Minister MK Stalin, Arappor Iyakkam convener Jayaram Venkatesan said a newly appointed TNERC member has served as president (commercial and legal) of IND Bharat Power Gencom Ltd and Arkay Energy (Rameswaram) Ltd over the last 10 years and he has directly represented these companies in cases against TNERC. Pointing to section 85 (5) of the Electricity Act, 2003 dealing with the selection of members of the commission, he said the Act explicitly states that “the selection committee should satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such chairperson or member.”

“There are seven cases of Arkay Energy seeking total compensation of more than Rs 200 crore from Tangedco which is pending before TNERC currently,” he said, adding Kishore recused himself from hearing a dispute resolution petition connected to Arkay Energy on January 19 this year citing conflict of interest. However, on January 25, Kishore sat through a hearing of another petition connected to Arkay Energy and has also signed in the order. “So suddenly a week later, the conflict of interest disappears for the member of TNERC?” he wondered.

Noting that section 85 (5) of the act states that the chairperson and the members of the commission should be persons of ability, integrity and standing, he alleged that Kishore served the companies that have a history of poor integrity.

He said Kishore, as the president of the legal wing of Ind Bharat, filed a dispute resolution petition in the guise of a miscellaneous petition before the TNERC to avoid payment of one per cent of the fee on the petition seeking compensation of Rs 1,200 crore. He also pointed to the CBI case filed against the Ind Bharat group of companies in connection with a Rs 947 crore loan fraud.