- 1 - NC: 2025:KHC:11372 WP No. 7743 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 7743 OF 2025 (S-RES) BETWEEN: SMT. M.K. LALITHA, WIFE OF PUTTASWAMY, AGED AROUND 49 YEARS, WOMEN MEMBER OF MYSURU DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, NO. 1542/F, C AND D BLOCK, KUVEMPUNAGAR, MYSURU DISTRICT, MYSURU - 570 023. …PETITIONER (BY SRI. FAYAZ SAB B.G, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. DEPARTMENT OF FOOD, CIVIL SUPPLY AND CONSUMER AFFAIRS, REPRESENTED BY ITS UNDER SECRETARY, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11372 WP No. 7743 of 2025 3. THE KARNATAKA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, REPRESENTED BY ITS REGISTRAR CUM ADMINISTRATIVE OFFICER, BASAVA BHAVANA, HIGH GROUNDS, BENGALURU - 560 001. …RESPONDENTS (BY SRI. SHIVAPRABHU S. HIREMATH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE AND GRANT THE FOLLOWING RELIEF(S) DIRECTION, DIRECTING THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER FOR EXTENSION OF HER SERVICE FOR SECOND TERM AS MEMBER OF DISTRICT CONSUMER DISPUTE REDRESSAL FORUM IN TERMS OF 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) (AMENDMENT) RULES, 2022, WHICH IS PRODUCED AND MARKED AS ANNEXURES-C, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for writ in the nature of mandamus to consider her case for extension of service for second term as Member of District Consumer Dispute Redressal Forum as per the "Qualification for appointment, method of recruitment, procedure of appointment, term of - 3 - NC: 2025:KHC:11372 WP No. 7743 of 2025 office, resignation and removal of the president and members of the State Commission and District Commission (Amendment) Rules, 2022". 2. The sum and substance of the case of the petitioner was that she was appointed as member of the District Consumer Dispute Redressal Forum on honorarium basis in terms of a letter of appointment dated 12.03.2015. Later, after the commencement of Consumer Protection Act, 2019, she was continued as a member of the forum in terms of a letter of appointment dated 03.03.2020 and her term came to an end on 15.03.2025. The petitioner contends that the State Government amended the Rules regarding procedure for appointing and removal of the president and members of the State Commission and District Commission, in terms of which the petitioner is entitled for appointment for the second term. 3. The learned counsel for petitioner submits that she was appointed on honorarium in the year 2015 and - 4 - NC: 2025:KHC:11372 WP No. 7743 of 2025 that cannot be construed as the first term. He contends that the petitioner's term should be treated as having commenced from 03.03.2020 and therefore, she is entitled for second term in terms of the Rules 2022. 4. This petition is opposed by the learned Additional Government Advocate for the State. He submits that under the Rules in force prior to 2019, the petitioner was appointed as a member of the District Commission and she continued for a period of 5 years from the year 2015. Thereafter, she was continued in the year 2020 and her term came to an end on 15.03.2025. He therefore contends that the petitioner has completed her two terms as member of the District Commission. He thus contends that the petitioner is not entitled to the benefit of a third term by considering that the first term was on honorarium basis. 5. When this petition came for consideration, the petitioner filed an affidavit, stating inter alia as follows: - 5 - NC: 2025:KHC:11372 WP No. 7743 of 2025 "1. I submit that I am the Petitioner in the above mentioned Writ Petition. I am well conversant with the facts and circumstances of the case. Hence, I am swearing to the contents of this Affidavit. 2. Further I submit that earlier I had worked on Honorarium basis, where I was paid Honorarium of Rs.600/- per sitting or consolidated pay of Rs.12,000/- per month vide Appointment Order dated 12.03.2015. Further I submit that the State Government in accordance with Section 28 of the Consumer Protection Act, 2019, established the District Consumer Disputes Redressal Commissions and selection was held on 03.03.2020, wherein I was selected and appointed as Women Member of Mysuru District Consumer Redressal Commission vide Government Order bearing No; aanasa 15 salafa 2019 dated 03.03.2020. Pursuant to the appointment Order dated 03.03.2020, I have discharged the duty entrusted to me as Women Member of Mysuru District Consumer Disputes Redressal Commission for the past five years. Further I submit that I approached the Respondents seeking for re-appointment or extension of my service for second term as per 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 - 6 - NC: 2025:KHC:11372 WP No. 7743 of 2025 Commission) (Amendment) Rules, 2022 and the said proposal is still pending for consideration. 3. Further I submit that till Regular Recruitment is called for to the Post of Member of Mysuru District Consumer Dispute Redressal Commission, till then I may be permitted to discharge the duty as Women Member of Mysuru District Consumer Dispute Redressal Commission. Further I under takes before this Hon'ble Court that once Regular Member is recruited or appointed, then without any resistance or without claiming any equity I will demit/vacate the Office hold by me in order to facilitate/accommodate the Regular Member to discharge the duty as Member of Mysuru District Consumer Dispute Redressal Commission. 4. Further I submit that the contents of this affidavit are read over and explained to me and I admit the same to be true." 6. A reading of the affidavit, makes it clear that the petitioner has given up her claim for continuation of her term but has only requested the Court to permit her to continue till regular recruitment is called for, for the post of Mysuru District Consumer Dispute Redressal Commission. - 7 - NC: 2025:KHC:11372 WP No. 7743 of 2025 7. In view of the aforesaid submissions, this petition deserves to be disposed of in the light of fact that there is large pendency of cases before the Mysuru District Consumer Dispute Redressal Commission that need immediate attention. Therefore, until a regular recruitment to the post of member of Mysuru District Consumer Dispute Redressal Commission is done, the petitioner shall be permitted to continue in that post. It is made clear that this shall not be construed as if the petitioner is appointed for third term or second term under the Rules of 2022. It is also made clear that once the regular recruitment to the post of member of Mysuru District Consumer Dispute Redressal Commission is done, the petitioner shall forthwith step down as member of the Mysuru District Consumer Dispute Redressal Commission without compelling the recruitee to approach the Court. 8. It is needless to mention that the petitioner shall be entitled to salary for the period during which she - 8 - NC: 2025:KHC:11372 WP No. 7743 of 2025 serves. The writ petition stands disposed off on the above terms. Sd/- (R. NATARAJ) JUDGE AT List No.: 1 Sl No.: 36 CT: BHK