MAHENDRA BHASKAR LIMAYE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in Writ Petition No. 3756/23 came to be appointed as President of the District Consumer Disputes Redressal Commission, Buldana by an order dtd. 6/2/2013. This appointment was till 5/5/2018. The petitioner was thereafter re-appointed as President of the District Commission on 5/8/2018 and her tenure expired on 11/2/2023. The petitioner has raised a challenge to the advertisement dtd. 23/5/2023 issued by the respondent inviting applications for the post of Member of the State Consumer Disputes Redressal Commission as well as President of the District Consumer Disputes Redressal Commission under the Consumer Protection Act , 2019 (for short, 'the Act of 2019').

(2.) The petitioner in Writ Petition No. 3680 of 2023 has also raised a challenge to the aforesaid advertisement dtd. 23/5/2023. In addition, a challenge is raised to Rule 6(1) as well as Rule 10(2) of the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020 (for short, 'the Rules of 2020'). The petitioner has also challenged the notification dtd. 10/4/2023 by which the Selection Committee for selection of members/President of the Consumer Commissions in Maharashtra has been constituted. A challenge is also raised to the Government Circular dtd. 13/6/2023 issued by the Ministry of Food, Civil Supplies and Consumer Protection of the State of Maharashtra constituting the Selection Committee.

(3.) Since the prayer for grant of interim relief in the context of the advertisement dtd. 23/5/2023 was pressed in both the writ petitions, we have heard the learned counsel for the parties on the question of interim relief.