Shivaraj V. Patil, J. - (1.)Leave granted.
(2.)A Bench of three learned Judges of this Court made the following order of reference on 7th March, 2002 :-
"In the present case, under Section 16 of the Consumer Protection Act, the President of the State Consumer Disputes Redressal Commission has to be appointed in consultation with the Chief Justice of the State. The question which arises is whether consultation with an Acting Chief Justice is sufficient compliance or not. This question involves interpretation of Articles 217 and 223 of the Constitution and as there is no decision of this Court which can be applied in the present case, then by virtue of Article 145(3) of the Constitution this case involving the said question of law involving interpretation of the Constitution should be heard by a Bench of not less than five learned Judges. Let the papers be placed before the Honble the Chief Justice of India for appropriate orders for hearing of the case as expeditiously as possible and within a period of four months."
Articles 217 to the extent relevant and 223 of the Constitution of India read :-
"217. Appointment and conditions of the office of a judge of a High Court- (1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of sixty-two years :

"223. Appointment of acting Chief Justice- When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose."

(3.)On 3rd March, 2000 The Financial Commissioner-cum-Secretary (F and S), Government of Himachal Pradesh, addressed a letter to Registrar, General, Himachal Pradesh High Court stating that Justice P.N. Nag (retired Judge of the High Court) shall cease to hold the post of President of H.P. State Consumer Disputes Redressal Commission, Shimla (for short the State Commission) on 4-3-2000, after attaining the age of 67 years. In accordance with the provisions contained in the Consumer Protection Act, 1986 (for short the Act), a person who is or has been a Judge of High Court can be appointed as President of the State Commission, after consultation with the Chief Justice of the High Court. After consideration the State Government decided to take the services of Justice Surinder Swaroop, a sitting Judge of the High Court of Himachal Pradesh for appointment as President of the State Commission. Therefore, he requested that the proposal of the State Government may kindly be placed before the Honble Chief Justice, High Court for consideration and recommending the name of Justice Surinder Swaroop for appointment as President of the State Commission on part-time basis.