A member of District Consumer Forum has no vested right for re-appointment: Chhattisgarh HC [Read Judgment]

The Chhattisgarh High Court has held that a member of District Consumer Redressal Forum on completion of his/her tenure has no vested right for re-appointment.

Justice Sanjay K. Agrawal dismissed a plea challenging appointment of someone else as a member of District Consumer Redressal Forum, Rajnandgaon claiming that the petitioner has vested right for re appointment to the post as she had been a member of the Forum.

The court, dismissing the petition said that re-appointment has also to be made of any sitting member for next five years only on the basis of recommendation of the Selection Committee. In this case the Selection committee had not recommended her.

Referring to Apex court decision in State of Rajasthan v. Anand Prakash Solanki, the Court said that the State Government has power to make appointment of member of District Consumer Redressal Forum only upon the recommendation of the Selection Committee.

The Court observed “The petitioner cannot claim any vested right for reappointment by virtue of proviso to sub-section (2) of Section 10 of the Act of 1986, who has completed one term and is held to be eligible for reappointment. In terms of the said provision, the candidature of the petitioner has already been considered and she has not been recommended by the Section Committee and thereafter she has not been appointed by the State Government and therefore, she cannot claim for re-appointment on the basis of proviso to sub-section (2) of Section 10 of the Act of 1986.”

Read the Judgment here.