VIVEK TAGRA Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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(1.) Mr. Sandeep Tiwari, Advocate, present for the petitioner.
(2.) Mr. Paresh Tripathi, learned Standing Counsel, present for the State/respondent nos. 1, 2, 3 & 5.
(3.) Petitioner before this Court, by means of the present writ petition, has challenged the appointment of the respondent no. 6 as a male member of District Consumer Forum. District Consumer Forum is a statutory body which is formed under a Statute known as a "Consumer Protection Act 1986". The composition of District Forum is done under Section 10 of the Act, which reads as under:-
"10. Composition of the District Forum.-
(1) Each District Forum shall consist of,-
(a) a person who is, or has been, or is qualified to be a District Judge, who shall be its President;
(b) two other members, one of whom shall be a woman, who shall have the following qualifications, namely:-
(i) be not less than thirty-five years of age,
(ii)possess a bachelor's degree from a recognised university,
(iii)be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration:
Provided that a person shall be disqualified for appointment as a member, if he-
(a)has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or
(b)is an undischarged insolvent; or
(c)is of unsound mind and stands so declared by a competent court; or
(d)has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or
(e)has, in the opinion of the State Government, such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member; or
(f) has such other disqualifications as may be prescribed by the State Government;)
(1A) Every appointment under sub-section (1) shall be made by the State Government on the recommendation of a selection committee consisting of the following, namely :-
(i) President of the State Commission - Chairman.
(ii) Secretary, Law Department of the State- Member.
(iii)Secretary, Incharge of the Department- Member. dealing with consumer affairs in the State Provided that where the President of the State Commission is, by reason of absence or otherwise, unable to act as Chairman of the Selection Committee, the State Government may refer the matter to the Chief Justice of the High Court for nominating a sitting Judge of that High Court to act as Chairman.
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