JUDGMENT

K. S. Radhakrishnan, J.-Leave granted.

2. We are, in this case, concerned with the question whether the High Court was justified in issuing a writ of quo warranto holding that the appellant has no authority in continuing as Chairperson of U.P. State Electricity Regulatory Commission (for short ‘the Commission’) on the ground that the Selection Committee had not complied with sub-section (5) of Section 85 of the Electricity Act, 2003 (for short ‘the Act’).

3. The post of the Chairperson of the Commission fell vacant on 21.10.2008. The government of Uttar Pradesh, in exercise of its powers conferred under Section 85(1) of the Act, constituted a Selection Committee vide notification dated 22.12.2008 consisting of three members headed by a retired judge of the High Court and two other members i.e. Chief Secretary of the State of U.P. and Chairman of the Central Electricity Commission for finalizing the selection of the Chairperson. Applications were invited intimating various authorities including Ministry of GOI, CAG, CEA, all the Secretaries of Power working in different States in the country, CBDT, PSUs power sectors etc. Thirty persons applied for the post including the