The main legal point established in the judgment is that the appointment to a public office must comply with the prescribed qualifications and statutory provisions. The court emphasized the importance of adhering to the specific qualifications and the lack of statutory support for applying the principle of equivalence.

JUDGMENT :

A.S. Chandurkar, J.

RULE. Rule made returnable forthwith and heard the learned counsel for the parties at length.

2. The petitioner seeks issuance of a writ of quo warranto against the second respondent who is holding the post of Electricity Ombudsman (Nagpur) under the Maharashtra Electricity Regulatory Commission (Consumer Grievances Redressal Forum and Electricity Ombudsman) Regulations, 2006 read with the provisions of the Electricity Act, 2003.

3. The facts giving rise to the present proceedings are that on 21.12.2018 an advertisement was issued on behalf of the Maharashtra Electricity Regulatory Commission (for short, ‘MERC’) stating therein that MERC had decided to fill up the post of Electricity Ombudsman (Nagpur). Applications were invited from amongst (i) retired Judge of the High Court or (ii) retired Secretary to the Government, or (iii) retired Chief Executive Officer of Electricity Utilities. The applications were to be submitted by 18.00 hours on 16.01.2019. The petitioner who retired from the post of Secretary, Ministry of Urban Department, Government of Maharashtra as well as the second respondent alongwith seven others had applied for being considered for appointment to the post of Electricity Ombudsman. On 22.03.2019 the second respondent was appointed to the said post with effect from 25.03.2019. The petitioner sought information under the provisions of the Right to Information Act, 2005 in the matter of the application submitted by the second respondent. The petitioner was provided with a statement reflecting the applications received for consideration for appointment on the post of Electricity Ombudsman (Nagpur). The same indicated that of the nine applications received, three applicants including the petitioner and the second respondent were found eligible for such appointment. It was stated that the second respondent had retired as Member of MERC and that the status of the Member of MERC was equivalent to that of the Principal Secretary of the State Government. On receiving this information the petitioner has filed this writ petition seeking writ of quo warranto principally on the ground that the second respondent was ineligible to hold the public office of Electricity Ombudsman (Nagpur) for want of requisite prescribed qualifications.

4. Shri Ranjeet Bhuibhar, learned counsel for the petitioner submitted that the office of Electricity Ombudsman was a public office since the mode, manner and requirements for such appointment were prescribed under the Electricity Act, 2003 (for short, ‘the Act of 2003’) read with the Maharashtra Electricity Regulatory Commission (Consumer Grievances Redressal Forum and Electricity Ombudsman) Regulations, 2006 (for short, ‘the Regulations of 2006’). Inviting attention to Section 181(2)(r) of the Act of 2003 it was submitted that the State Commission as defined by Section 2(64) of the Act of 2003 constituted under Section 82(1) was empowered to frame guidelines under the Act of 2003. A distribution licensee was required to establish a forum for redressal of grievances of consumers in accordance with guidelines specified by the State Commission in view of Section 42(5) of the Act of 2003. A consumer who is aggrieved by the non-redressal of his grievances under sub-Section (5) of Section 42 could make a representation for redressal of his grievances to the Ombudsman to be appointed or designated by the State Commission in view of Section 42(6) of the Act of 2003. Attention was invited to the Regulations of 2006 and especially Regulation 2.1(f) which defines ‘Electricity Ombudsman’ to mean an Authority appointed or designated by the Commission pursuant to Section 42(6) of the Act of 2003 who could consider grievances made to the Commission. Regulation 10 pertaining to Constitution of Electricity Ombudsman and Regulation 11 specifying the jurisdiction of the Electricity Ombudsman were also referred to. By Regulation 13 of the Regulations of 2006 the qualifications of Ele