Section 118: Member to act as Chairperson in certain circumstances

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

Legal Commentary & Landmark Judgments: Section 118

Section 118 of the Act provides for a Member of the Appellate Tribunal to act as Chairperson in the event of the death, resignation, absence, or illness of the Chairperson, ensuring unbroken administrative and judicial continuity.

  • Interim Judicial Succession Framework: Empowers the senior-most Judicial Member to discharge the functions of the Chairperson during temporary vacancies, illness, or leave.
  • Prevention of Jurisdictional Paralysis: Ensures that urgent applications for stay, caveat hearings, and administrative bench assignments continue without interruption during leadership transitions.
  • Full Powers Conferred on Acting Chairperson: Vests the Acting Chairperson with all judicial and administrative powers of the regular Chairperson.
Key Landmark Precedents:
  • Union of India v. R. Gandhi (2010) 11 SCC 1: Supreme Court affirmed that interim succession provisions ensure unbroken continuity in specialized appellate adjudication.
  • State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Affirmed that judicial succession provisions maintain access to urgent appellate justice.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed the administrative robustness of APTEL's institutional framework.
Courtroom Practice & Strategic Litigation Guidance:

During a vacancy in the office of Chairperson, move urgent stay petitions before the senior-most Judicial Member acting as Chairperson under Section 118, who possesses full statutory authority to constitute special benches and grant interim relief.