Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2003: ss.126 and 127 Electricity Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Electricity Act, 2003: ss.126 and 127 – Unauthorised use of electricity – Consumption of electricity by consumers in excess of the connected load/contracted load whether amount to ‘unauthorised use of electricity’ under explanation (b) to s.126(6) – Held: ss.126 and 127 of the Act constitute a complete code in themselves – The expression ‘unauthorised use of electricity’ means as it appears in s.126 – The purpose of s.126 is to ensure stoppage of misuse/unauthorised use of electricity as well as to ensure prevention of revenue loss – Consumption of electricity in excess of sanctioned/connected load in very same premise and for the very same purpose without change in tariff constitutes ‘unauthorised use of electricity’ under explanation (b) (iv) to s. 126 of the Act – Kerala Electricity Supply Code, 2014 – r. 153. Administrative law: Delegated Legislation – Rule making power – If a rule goes beyond the rule making power conferred by the statute, the same has to be declared invalid – If a rule supplants any provision for which power has not been conferred, it becomes invalid – The basic test is to determine and consider the source of power, which is relatable to the rule – A delegated power to legislate by making rules or regulations cannot be exercised so as to bring into existence the substantive rights or obligations or disabilities not contemplated by the provisions of the Electricity Act, 2003. Kerala Electricity Supply Code, 2014: Regn.153(15) – Whether Regn.153(15) is ultra vires of s.126 of Electricity Act, 2003 – Held: A rule making body must function within the purview of the rule making authority conferred on it by the parent Act – The body making rules or regulations has no inherent power of its own to make rules, but derives such power only from the statute, it has to necessarily function within the purview of the statute – If Regn.153(15) is to be given effect, then the same would frustrate the very object of s.126 of the Act – Therefore, Regn.153(15) is invalid on the ground that same is inconsistent with the provisions of s.126 of the Electricity Act, 2003 – Doctrine of ultra vires. |
Judge | Hon'ble Mr. Justice J.B. Pardiwala |
Neutral Citation | 2022 INSC 1293 |
Petitioner | Kerala State Electricity Board & Ors. |
Respondent | Thomas Joseph Alias Thomas M. J. & Ors. |
SCR | [2022] 9 S.C.R. 85 |
Judgement Date | 2022-12-16 |
Case Number | 9252-9253 |
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