( 1. ) THE petitioners have filed this petition for the following reliefs :

(i) for a declaration that Sections 2 (j), 3, 4 and 5 of the M. P. Vidyut Sudhar Adhiniyam, 2000 (for short v. S. Act) are ultravires as these sections are inconsistent with Sections 84 and 85 of the Indian Electricity Act, 2003 (for short the Central Act or electricity Act) and therefore, stood repealed under Section 185 of the Electricity Act. (ii) for a declaration that the post of Chairman of M. P. State Electricity Regulatory Commission be declared as vacant. (iii) For a direction to first respondent to appoint the Chairman of the said Commission in accordance with Sections 84 and 85 of the Electricity Act. The petitioners also contend that the continuance of the fourth respondent who is not a sitting or a retired High Court Judge but who is a retired Chief Secretary of the State of Madhya Pradesh on the post of Chairperson of the Commission is illegal on the ground that the said post can be held only by a person who is a sitting or a retired High Court Judge having regard to the provision of the Electricity Act

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( 2. ) THE second respondent State of M. P. has filed its return. The third responde