- (1.) The petitioner was appointed as a member of the Consumer Disputes Redressal Forum1 of Kanpur under the Consumer Protection Act, 1986 on 4 March 2011 for a period of five years or until the age of sixty-five years, whichever is earlier. The petitioner attained the age of sixty years on 31 December 2014, following which his term came to an end. These proceedings were initiated on 17 December 2014 for seeking a declaration that Section 10 (2) of the Act is ultra vires and for a mandamus determining the maximum age for a member of the District Forum to hold office until the age of seventy. The petitioner incidentally has also challenged the provisions for the tenure and the age of retirement of members of the Consumer Disputes Redressal Commission3 under Section 16 (3) and has similarly sought a mandamus for continuance until the age of seventy.
(2.) Section 10 (1) of the Act provides for the composition of the District Forum and, insofar as is material, provides as follows: "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:"
(3.) Section 10(2) provides that every member of the District Forum shall hold office for a term of five years or until the age of sixty-five years, whichever is earlier. However, a member would be eligible for re-appointment for another term of five years or until the age of sixty-five years, whichever is earlier. The provisions in regard to the State Commission are contained in Section 16. Section 16 (1), insofar as is material, provides as follows: "16. Composition of the State Commission.- (1) Each State Commission shall consist of - (a) a person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President; Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of the High Court; (b) not less than two, and not more than such number of members, as may be prescribed, and 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; and (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 not more than fifty percent of the members shall be from amongst persons having a judicial background.";