PRAKASH TATIA,J. - (1.) HEARD learned Counsel for the parties.
(2.) The petitioners have challenged the notifications dt. 15.06.1994, 31.12.1994 and 15.07.1995 (Annexs. 3, 4 and 5) respectively.
(3.) THE contention of the petitioners is that as per the R.45 of the Indian Electricity Rules, 1956 (for short the Rules of 1956) the no electrical installation work, including additions, alterations, repairs and adjustments to existing installations, except such replacement of lamps, fans, fuses, switches, low voltage domestic appliances and fittings as in no way alters its capacity or character, shall be carried out upon the premises of or on behalf of any consumer, owner or occupier for the purpose of supply to such consumer or occupier except by an licensed electrical contractor in this behalf by the State Government and under the supervision of a person holding a certificate of competency and by a person holding a permit issued or recognized by the State Government. Despite this clear mandate, the State Government issued time to time notifications dt. 15.06.1994, 31.12.1994 and 15.07.1995 and dispensed with the conditions, which are imposed by R.45 of the Rules of 1956, which substantially adversely affected the petitioners Nos. 1 and 2 as well as members of the petitioner No. 3 Sangh. According to learned Counsel for the petitioners though there is a power given to the State Government to relax the conditions as prescribed in Sub -rule (1) of R.45 of the Rules of 1956 but that applies to only installations of mines, oil -fields and railways and the power has been given to the Central Government only to relax the conditions of Sub -rule (1) of R.45 of the Rules of 1956. The State Government 's power is given under R.133 of the Rules of 1956 in the matter of relaxation of certain conditions, which are otherwise mandatory. Sub -rule (1) of R.133 of the Rules of 1956 also makes it clear that even the State Government shall have power to relax the conditions generally or in particular case to such extent and subject to such conditions as it may think fit. It is submitted that in the garb of said power empowering State Government to relax certain conditions imposed by the Rules of 1956, the State Government decided to relax the rules in such a manner so as to allow certain categories of persons like the persons who are residing in the area where the population is less than 2000, instead of obtaining a certificate from the competent authority, it is expected from a consumer that he may only submit the affidavit after complying with the conditions of the rules framed by the State Government. The same is the effect of the notification dt. 31.12.1994 by which the State Government permitted electricity connections to the consumers on their submitting affidavit that he has complied with the conditions of the rules and that affidavit of the consumer will be full compliance of Sub -rule (1) of R.45 of the Rules of 1956. Similarly by notification dt. 15.06.1994, the same concession has been given to the consumers seeking electricity connection for low and medium pressure electrical, Installation work upto 30 HP and for that purpose Wiremen and Supervisors are allowed to issue 'L ' Form in place of licenced electrical contractor.;