JUDGMENT :

1. The Electricity Act of 2003 (hereinafter referred to as the ‘2003 Act’) came into force on 10-06-2003. This Act repealed (i) the Indian Electricity Act, 1910; (ii) the Electricity (Supply) Act, 1948 and (iii) the Electricity Regulatory Commissions Act, 1998. The preamble of the Electricity Act, 2003 reads as follows:

“An Act to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalization of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal and for matters connected therewith or incidental thereto.”

2. The Kerala State Electricity Board (hereinafter also referred to as ‘the Board’) was constituted in terms of the provisions contained in the Electricity (Supply) Act, 1948. Part XIII of the 2003 Act deals with reorganization of Boards constitut