Right To Electricity Is Also Right To Life & Liberty Under Article 21 Of Constitution: Madhya Pradesh High Court

The High Court was considering a petition filed under Article 226 of the Constitution challenging the respondent authorities' action of disconnecting the temporary electricity connection provided to the petitioner for a house, based on a complaint filed by her mother (fifth respondent).

The Single Bench of Justice Milind Ramesh Phadke held, “...this Court finds that the petitioner has the right to claim electricity connection as an 'Occupier' under Section 43 of the Electricity Act 2003. However, this Court makes it very clear that whatever observations have been made in this order are only to be construed and interpreted in the context of the petitioner's right to have electricity so long as she remains in possession of the property in question because no-one, in the modern days can survive without electricity, and therefore, the right to electricity is also a right to life and liberty in terms of Article 21 of the Constitution of India.”

Advocate Arshad Ali M. Haque represented the Petitioner while Govt. Advocate Shiraz Qureshi represented the Respondents/State.

Arguments

The petitioner claimed that she acquired a share in the property in question pursuant to the civil proceedings in which the mother of the petitioner was also a party. It was submitted that the parties entered into a compromise by filing an application under Order XXIII Rule 3 of the Code of Civil Procedure, and the respective shares of the parties were settled in accordance with law. The petitioner thus sought restoration of the electricity connection immediately.

The Respondent, on the contrary, argued that the electricity connection could not be released in favour of the petitioner unless she established her right over the premises in question and complied with the applicable rules and conditions. It was submitted that the respondent mother had raised a dispute with regard to the petitioner's right and share in the property and, therefore, the electricity authorities had acted upon the complaint made before them.

Reasoning

The Bench took note of the fact that the petitioner claimed her right and possession over the premises in question on the basis of the compromise entered into between the parties in the civil proceedings. It was further noted that the respondent authorities had earlier provided a temporary electricity connection to the petitioner for domestic purposes.

The Bench stated, “In the facts of the present case, the dispute between the petitioner and respondent No.5 essentially relates to the share, right and possession in respect of the premises in question. The electricity distribution authorities, while considering an application for electricity connection, are not required to adjudicate upon complicated questions relating to title, partition or inter se civil rights of the parties.”

The Bench thus held that the petitioner had the right to claim electricity connection as an 'Occupier' under Section 43 of the Electricity Act 2003.

Decision

Highlighting the fact that nobody can survive without electricity, and right to electricity is also a right to life and liberty in terms of Article 21, the Bench allowed the Petition. “The respondents are directed to release the electricity connection within a period of 07 days to the petitioner in the premises, where she is presently staying and occupying the same as per mandate of Section 43 of the Electricity Act, 2003 upon receipt of copy of this order subject to the petitioner complying with the other norms”, it ordered.

Cause Title: Smt. Preeti Sharma v. The State of Madhya Pradesh (Neutral Citation: 2026:MPHC-GWL:29384)

Appearance

Petitioner: Advocate Arshad Ali M. Haque

Respondent: Govt. Advocate Shiraz Quresh, Advocate Prateek Kulshrestha, Himanshi Pathak

Click here to read/download Order