Section 90: Removal of Member

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

Legal Commentary & Landmark Judgments: Section 90

Section 90 of the Act prescribes the procedure for the removal of a Member of the Appropriate Commission, requiring an inquiry and adverse finding by the Supreme Court (for Central Commission) or High Court (for State Commission) on grounds of proven misbehavior or incapacity.

  • Strict Judicial Inquiry Safeguard for Removal: Precludes executive summary dismissal; requires a formal reference by the Government to the Supreme Court or High Court to conduct an inquiry into alleged misbehavior.
  • Exhaustive Statutory Grounds for Removal: Limits removal grounds strictly to proven misbehavior, physical/mental incapacity, insolvency, conviction of moral turpitude, or acquiring disqualifying financial interests.
  • Power of Interim Suspension: Empowers the Government to suspend a Member from office only during the pendency of a judicial inquiry upon an order of the inquiring Court.
Key Landmark Precedents:
  • State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Supreme Court held that the rigorous judicial removal procedure under Section 90 provides constitutional-grade insulation against political victimization of regulatory members.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Supreme Court affirmed that members of regulatory commissions cannot be removed at the pleasure of the executive government.
  • Brihanmumbai Electric Supply v. MERC (2013) 4 SCC 71: Affirmed the inviolability of judicial removal safeguards in preserving regulatory autonomy.
Courtroom Practice & Strategic Litigation Guidance:

Any attempt by a State Government to curtail a commissioner's tenure or remove a member without a formal High Court inquiry under Section 90 is unconstitutional and can be stayed immediately under Article 226.