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 a