Writ Petition No. 6560 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:11658 WP No. 6560 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 6560 OF 2025 (S-RES) BETWEEN: H. N. MEENA, AGED ABOUT 57 YEARS, D/O. A. K. NINGAPPA, WORKING AS PRESIDENT OF DAVANGERE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LOKIKERE ROAD, NEAR PANCHAYAT OFFICER (BYPASS), DAVANAGERE - 577 005.
Legal Reasoning
this Court in W.P.No.6232/2025 was considering the case of the members of the Tumakuru District Consumer Disputes Redressal Commission and held as follows: the recommendation of Therefore, reading of Rule 10(2) makes it 8. apparent that the members are eligible for reappointment for second term of four years, subject to the age limit of 65 years and subject to the Selection Committee. The petitioners have submitted their representation before the respondents seeking re-appointment for the second term. The respondents are therefore bound to consider the case of the petitioner for re-appointment for the second term. It is no doubt true that such re-appointment is not automatic but should be based on the recommendation of the Selection Committee. Now that, the learned Additional Advocate General has submitted the Selection committee is constituted and since the term of the petitioners is due to end by today and tomorrow, it is appropriate to direct to dispose of this writ petition by directing the respondents to continue the services of the petitioners till the Selection Committee makes appropriate the continuance of the petitioners as members of the State of various District Forums recommendations regarding that in - 6 - NC: 2025:KHC:11658 WP No. 6560 of 2025 Karnataka. The writ petition disposed off on the above terms. is therefore 9. The respondent No.2 is directed to place all filed by the petitioners the representations before the Selection Committee for consideration and for appropriate orders. 7.
Arguments
(BY SRI. SAMPAT ANAND SHETTY, ADVOCATE) AND: …PETITIONER Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA 1. THE REGISTRAR AND ADMINISTRATIVE OFFICER OFFICE OF KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BASAVA BHAVANA, BENGALURU - 560 001. 2. THE STATE OF KARNATAKA REPTD. BY THE CHIEF SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDI, BENGALURU - 560 001. 3. THE PRINCIPAL SECRETARY DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, - 2 - NC: 2025:KHC:11658 WP No. 6560 of 2025 VIKASA SOUDHA, BENGALURU - 560 001. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE EFFECT THAT THE 1ST RESPONDENT OFFICER HAS NO AUTHORITY MUCH LESS JURISDICTION TO ISSUE THE OFFICIAL MEMORANDUM DATED 03/03/2025 BEARING NO. KARAA/ADMIN/02/2025 VIDE ANNEXURE-A, WHICH PURPORTEDLY INDICATES RELIEVING THE PETITIONER FROM HER POST OF THE PRESIDENT OF THE DAVANGERE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION IN THE LIGHT OF THE GENERAL INTERIM ORDER DATED 27/06/2024 GRANTED BY THE HONBLE SUPREME COURT INDIA IN THE CASE OF GANESHKUMAR RAJESJHWARRAO SELUKAR AND OTHERS V/S MAHENDRA BHASKAR LIMAYE AND OTHERS IN SPECIAL LEAVE PETITION (C) NO. 25612/2023 VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER The petitioner has called in question an order bearing No.KARAA/ADMIN/02/2025 dated 03.03.2025 vide Annexure-A by which she was relieved from the post of President of Davanagere District Consumer Disputes Redressal Commission. She has also sought for writ in the nature of mandamus to - 3 - NC: 2025:KHC:11658 WP No. 6560 of 2025 continue her services as a President of Davanagere District Consumer Disputes Redressal Commission. 2. The petitioner contends that she was appointed as a President of Davanagere District Consumer Disputes Redressal Commission in terms of notification bearing No.AANASA 15 SALAPA 2019 dated 03.03.2020. She contends that the Hon'ble Supreme Court in the case of Ganeshkumar Rajeshwarrao Selukar & Others vs. Mahendra Bhaskar Limaye & others had passed an interim order not to discontinue the services of the members and presidents of the District forum who are actually in service as on 20.10.2023 provided their second term has not expired. The petitioner therefore, submitted a representation dated 17.01.2025 to continue her services for the second term. The petitioner contends that the respondents without heeding the interim order passed by the Hon'ble Apex Court and without due regard to the amendment to Rule 10 of the Consumer Protection Rules, issued the impugned order relieving her services. The petitioner is therefore, before this Court challenging the said order relieving the services and have also sought for a direction to the respondents to continue her - 4 - NC: 2025:KHC:11658 WP No. 6560 of 2025 services as President of the District Consumer Disputes Redressal Commission, Davanagere. 3. Learned counsel for the petitioner submitted that Rule 10 of the Consumer Protection Rules was amended in terms of the notification dated 15.10.2022, in terms of which the president or member of the District Commission is entitled to continue for second term subject to the upper age limit of 65 years and subject to the recommendations of the Selection Committee. He therefore, contends that the petitioner is entitled to continue for the second term based on the recommendations of the Selection Committee. He contends that in similar circumstances this Court in W.P.No.6232/2025 had allowed the members of the Tumakuru District Consumer Forum to continue in office for second term. 4. Learned AGA for the respondents however, contends that the extension of the term of the petitioner for second term is subject to satisfaction of the Selection Committee. He therefore, contends that the case of the petitioner would be considered by the Selection Committee and if found suitable, she may be reappointed for the second term. - 5 - NC: 2025:KHC:11658 WP No. 6560 of 2025 5. This Court passed the interim order on 05.03.2025 continuing the services of the petitioner as the President of Davanagere District Consumer Disputes Redressal Commission. 6. As stated by the learned counsel for the petitioner,
Decision
In view of the above, this Writ Petition deserves to be disposed on similar lines. Consequently, this Writ Petition is disposed off on similar terms as in W.P.No.6232/2025. Sd/- (R. NATARAJ) JUDGE NS CT:TSM List No.: 1 Sl No.: 19