Electricity Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 116 of Electricity Act: Electricity Supply & Regulatory Procedure
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
If, for reason other than temporary absence, any vacancy occurs in the office of the Chairperson or a Member of the Appellate Tribunal, the Central Governmentshall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled.
Section 116 of the Act regulates the filling up of vacancies in the Appellate Tribunal, obligating the Central Government to make appointments in consultation with the Chief Justice of India in accordance with prescribed procedures.
Timely Appointment Mandate: Directs the Central Government to initiate selection and appointment proceedings well before vacancies occur to prevent bench collapse.
Consultation with Chief Justice of India: Requires appointment of the Chairperson to be made in direct consultation with the Chief Justice of India, ensuring supreme judicial vetting.
Continuity of Appellate Benches: Prevents backlog accumulation by mandating continuous operational staffing across all designated benches.
Key Landmark Precedents:
Union of India v. R. Gandhi (2010) 11 SCC 1: Supreme Court held that the appointment of tribunal chairpersons and members must involve meaningful, effective consultation with the Chief Justice of India.
State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Affirmed that judicial vacancies in energy tribunals must be filled expeditiously to prevent denial of access to justice.
Madras Bar Association v. Union of India (2021) 7 SCC 369: Supreme Court reiterated that executive failure to fill tribunal vacancies undermines the rule of law and warrants peremptory judicial directions.
Courtroom Practice & Strategic Litigation Guidance:
If administrative delays in filling APTEL vacancies result in a lack of quorum stalling urgent tariff stay applications, industry federations should file a writ of mandamus before the Supreme Court citing Madras Bar Association.
Legal Commentary & Landmark Judgments: Section 116
Section 116 of the Act regulates the filling up of vacancies in the Appellate Tribunal, obligating the Central Government to make appointments in consultation with the Chief Justice of India in accordance with prescribed procedures.
If administrative delays in filling APTEL vacancies result in a lack of quorum stalling urgent tariff stay applications, industry federations should file a writ of mandamus before the Supreme Court citing Madras Bar Association.