The Madhya Pradesh High Court, in the notable case of Smt. Preeti Sharma v. The State of Madhya Pradesh (Neutral Citation: 2026:MPHC-GWL:29384), delivered a significant ruling establishing that access to electricity is an essential part of the Right to Life and Personal Liberty under Article 21 of the Indian Constitution. The legal controversy began when power distribution authorities abruptly disconnected a temporary domestic electricity connection at a residential property following a domestic complaint lodged by the petitioner’s mother amid ongoing intra-family property disputes. Challenging this administrative action under Article 226 of the Constitution, the petitioner—represented by advocate Arshad Ali M. Haque—argued that she was lawfully residing in the premises based on a formal compromise decree settled during earlier civil proceedings under Order XXIII Rule 3 of the CPC. Conversely, the respondents maintained that power could not be supplied unless the petitioner proved undisputed legal title to the property.
Presiding over the matter, a single bench led by Justice Milind Ramesh Phadke firmly rejected the electricity company's stance, clarifying that power distribution authorities are not civil courts and lack the jurisdiction to adjudicate complex property titles, partition claims, or civil ownership disputes. The court emphasized that under Section 43 of the Electricity Act, 2003, any legitimate "occupier" in physical possession of premises holds a statutory right to request and receive an electricity connection. Highlighting modern societal necessities, the bench underscored that survival without electricity is virtually impossible today, thereby elevating the right to electricity to a fundamental human right protected under Article 21. Concluding the proceedings, the High Court allowed the petition and directed the utility authorities to restore the electricity connection to the petitioner's premises within seven days, provided she complies with standard departmental norms and formalities.