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Section 93: Vacancies, etc., not to invalidate proceedings

Electricity Act • Official Statutory Text & Practice Guide

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Act 2003
Section 92 All 185 Sections of Electricity Act Section 94

Legal Commentary & Landmark Judgments: Section 93

Section 93 of the Act provides that no act or proceeding of the Appropriate Commission shall be questioned or invalidated merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the Commission.

  • Statutory De Facto Doctrine Protection: Insulates regulatory orders, tariff approvals, and adjudications from being invalidated due to administrative vacancies or technical defects in member appointments.
  • Continuity of Regulatory Governance: Ensures that routine and emergency decisions taken by remaining members during prolonged appointment vacancies remain valid and binding.
  • Protection of Third-Party Commercial Transactions: Prevents power utilities from dishonoring adopted tariffs or PPA approvals by challenging the composition of the Commission after participating in hearings.
Key Landmark Precedents:
  • State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Supreme Court recognized that while Section 93 protects proceedings from technical vacancy defects, it does not validate continuous refusal to appoint mandatory judicial members.
  • Gokaraju Rangaraju v. State of A.P. (1981) 3 SCC 132: Classical de facto doctrine precedent: acts of a de facto judge or regulator performed within statutory jurisdiction are valid and binding upon third parties.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed that vacancies in regulatory benches do not paralyze ongoing statutory tariff administration.
Courtroom Practice & Strategic Litigation Guidance:

Do not attempt to challenge an adverse tariff order solely on the ground that the Commission was operating with a vacant member post; Section 93 completely insulates orders from invalidation on vacancy grounds unless an absolute lack of quorum is proved.

Section 92 All 185 Sections of Electricity Act Section 94