Kerala High Court Refers Solar Power Prosumers' Petition to Division Bench for Review
Allegations of Corruption and Regulatory Capture in Kerala's Electricity Sector Prompt Judicial Review
In a notable legal development, the Kerala High Court has referred a writ petition filed by the Domestic On-Grid Solar Power Prosumers Forum-Kerala to a Division Bench for further adjudication. The petition, which challenges the appointments of certain members to the Kerala State Electricity Regulatory Commission (KSERC) and alleges widespread corruption in the state's electricity sector, was deemed multifarious and beyond the jurisdiction of a single bench.
The petitioners, represented by a registered association and its president, have raised serious concerns about the independence of KSERC, alleging that it has been 'captured' by the Kerala State Electricity Board Ltd. (KSEBL). The petition specifically challenges the appointments of respondents who are former officials of KSEB or individuals closely linked to the political executive, citing blatant violations of statutory provisions under Section 85(5) of the Electricity Act, 2003.
The petitioners argue that these appointments have institutionalized conflicts of interest and bias within the regulatory framework, undermining efforts to promote renewable energy initiatives in the state. They further allege systemic corruption in power procurement processes, manipulated agreements, and the stifling of solar energy projects, which purportedly benefit intermediaries and officials at the cost of public resources.
The High Court, presided over by Justice Mohammed Nias C.P., observed that the petition, although framed under Article 226, essentially amounts to public interest litigation (PIL). The court noted the absence of a requisite affidavit affirming no personal interest, as mandated by Rule 146A of the Kerala High Court Rules for PILs. Consequently, the petition was found to lack the necessary locus standi and procedural compliance, leading to its referral for consideration by a Division Bench.
The judicial review will examine allegations of regulatory misconduct, including the drafting of new Renewable Energy Regulations, 2025, which the petitioners claim were orchestrated to dismantle the rooftop solar sector. The case underscores the petitioners' demand for a separation of functions within KSEB Ltd., disciplinary actions against officials involved in alleged corrupt practices, and a court-supervised investigation by the Central Bureau of Investigation (CBI).
Notably, the High Court refrained from delving into the merits of the allegations, directing the Registry to expedite the placement of the matter before the Chief Justice for appropriate orders. This decision marks a critical juncture in addressing claims of regulatory impropriety and the safeguarding of renewable energy initiatives in Kerala.
Bottom Line:
Writ petition challenging appointments to Kerala State Electricity Regulatory Commission and alleging corruption in the electricity sector not maintainable as framed; reliefs sought are multifarious, and matter requires adjudication by a Division Bench.
Statutory provision(s): Electricity Act, 2003 Section 85, Kerala High Court Rules Rule 146A
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