Kerala - Kochi

High Court admits writ plea against Electricity Act

Kochi: The Kerala High Court on Wednesday admitted a writ petition against the transfer of assets and liabilities of the Kerala State Electricity Board (KSEB) to any government company or private companies without enacting a State law.

Justice Thottathil B. Radhakrishnan, while admitting the petition, issued notice to the Centre, State government, KSEB and other respondents.

The petition filed by the Kerala Electricity Employees Confederation (INTUC) challenged the implementation of section 131 of the Electricity Act 2003 in the State. As per the section, State governments would be divested of it rights over the hydroelectric projects.

The petitioner contended that some of the provisions of the Act were beyond the legislative competence of the Central government. The section had virtually directed the State government to prepare a scheme for transferring the properties of the board in favour of a private company.

This meant that the control over power generation and transmission stations and distribution should be transferred to a private company.

The petitioner pointed out that from September 25, 2008, the KSEB ceased to function and it was taken over by the government.

The State government alone had the exclusive jurisdiction over water storage and water power as per Entry 17 in list II of the Constitution.

According to the petitioner, legislation on water storage or water power could be enacted by the State alone and Parliament had no legislative competence to enact any law on these matters.

For instance, Parliament could not enact a legislation regarding the properties which were used for generation of hydroelectric power.

The petitioner contended that as a result of the implementation of the Act, the valuable rights of the State government over various rivers and the control exercised by it over the hydroelectric projects would be lost.

Therefore, the petitioner sought to declare unconstitutional section 7, 8 and 131 of the Act and that the transfer scheme prepared by the government was totally inoperative.

Acting on another petition filed by the confederation, the court of Justice P.N. Ravindran on Wednesday stayed the KSEB order franchising the work of taking meter reading in Nedumkundam, Kattappana and Adimali electrical divisions in Idukki district to Kudumbasree units.

The union said that the existing rules stipulated that the posts of meter readers should be filled through the Public Service Commission and through promotion of linemen.

The union alleged that it was a politically motivated decision and would destroy the promotion chances of employees.

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