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Section 85: Constitution of Selection Committee to select Members of State Commission

Electricity Act • Official Statutory Text & Practice Guide

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Act 2003
Section 84 All 185 Sections of Electricity Act Section 86

Legal Commentary & Landmark Judgments: Section 85

Section 85 of the Act governs the constitution of the Selection Committee to select Members of the State Commission, establishing an independent three-member panel chaired by a retired High Court Judge.

  • High-Level Independent Selection Panel: Constitutes a statutory selection committee comprising a retired High Court Judge as Chairperson, the Chief Secretary of the State, and the Chairperson of the CEA or CERC.
  • Two-Candidate Panel Recommendation Mandate: Requires the Selection Committee to recommend a panel of two qualified candidates for every vacancy to the State Government.
  • Time-Bound Mandatory Selection Calendar: Directs that the selection process must be completed within three months from the date of reference by the State Government.
Key Landmark Precedents:
  • State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Supreme Court affirmed that the presence of a retired High Court Judge as Selection Committee Chair guarantees judicial independence in the appointment of regulatory members.
  • Brihanmumbai Electric Supply v. MERC (2013) 4 SCC 71: Affirmed that the Selection Committee's recommendation is a mandatory prerequisite that insulates appointments from political patronage.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed the constitutional robustness of the independent selection panel framework.
Courtroom Practice & Strategic Litigation Guidance:

If a State Government attempts to make ad-hoc appointments to the State Commission without convening the Section 85 Selection Committee, file an immediate quo warranto writ petition before the High Court to invalidate the appointment.

Section 84 All 185 Sections of Electricity Act Section 86