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Section 124: Right of appellant to take assistance of legal practitioner and of Appropriate Commission to appoint presenting officers

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 123 All 185 Sections of Electricity Act Section 125

Legal Commentary & Landmark Judgments: Section 124

Section 124 of the Act establishes the right of an appellant to take the assistance of a legal practitioner or chartered accountant, and authorizes the Appropriate Commission to appoint Presenting Officers to argue its case before the Tribunal.

  • Statutory Right to Legal Representation: Guarantees that any appellant or respondent may appear in person or authorize legal practitioners or chartered accountants to represent them before APTEL.
  • Commission Right to Appoint Presenting Officers: Empowers the Regulatory Commission to appoint law officers or senior advocates as Presenting Officers to defend its regulatory orders before the Tribunal.
  • Equality of Arms in Appellate Litigation: Ensures that private utilities, public licensees, and individual consumers have full procedural access to expert advocacy.
Key Landmark Precedents:
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Supreme Court affirmed that full legal representation under Section 124 is an essential procedural safeguard in complex socio-economic utility litigation.
  • West Bengal Electricity Regulatory Commission v. CESC Ltd. (2002) 8 SCC 715: Affirmed that commissions are entitled to engage external counsel to defend statutory tariff orders.
  • State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Affirmed the importance of professional advocacy in regulatory adjudication.
Courtroom Practice & Strategic Litigation Guidance:

Execute a formal Vakalatnama or letter of authority conforming to APTEL Practice Directions; authorized representatives must be advocates enrolled under the Advocates Act, 1961 or practicing chartered accountants registered under Section 124.

Section 123 All 185 Sections of Electricity Act Section 125