- 1 - NC: 2025:KHC:13574 WP No. 9312 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 9312 OF 2025 (S-RES) BETWEEN: SMT. SUNANDA .S KADROLLIMATH D/O LATE SHIVAPUTHRAIAH, WIFE OF LATE UMESH HIREMATH, AGED ABOUT 62 YEARS, WOMEN MEMBER OF BELAGAVI DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, COURT COMPOUND, OPPOSITE A.C. OFFICE, BELAGAVI-590 001, (RELIVED FROM SERVICE WITH EFFECT FROM 03.03.2025 NOW RESIDING AT NO. 503, AARUSH ARYA APARTMENT, UTTARAHALLI, KENGERI MAIN ROAD, CHANNASANDRA, RAJARAJESHWARINAGAR, BENGALURU-560 098). …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:13574 WP No. 9312 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. H.K.KENCHEGOWDA, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE AND DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER FOR EXTENSION OF HER SERVICE FOR SECOND TERM AS WOMEN MEMBER OF BELAGAVI 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 ANNEXURE-C. 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 a writ in the nature of mandamus to direct the respondents to consider her case for extension of her term as a woman member of Belagavi District - 3 - NC: 2025:KHC:13574 WP No. 9312 of 2025 Consumer Disputes Redressal Forum in terms of "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 Commission) (Amendment) Rules, 2022." 2. The petitioner claims that she was initially appointed as a woman member of Belagavi District Consumer Disputes Redressal Forum on 01.08.2010 and continued for a period of five years till 31.07.2015. She was thereafter re- appointed on 03.03.2020 and continued for a period of five years till 15.03.2025. She contends that Consumer Protection Rules have been amended by 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 Commission) (Amendment) Rules, 2022, which provides for a second term till a member reaches the age of 67 years. She therefore, contends that she is entitled to be continued for the second term. - 4 - NC: 2025:KHC:13574 WP No. 9312 of 2025 3. The learned counsel for the petitioner submitted that though petitioner had served for two terms, they were not consecutive and hence by virtue of the amendment to the Rules, the petitioner is entitled for a second term. 4. In similar circumstances, this Court in W.P.No.7743/2025 had considered the case of a woman member in Mysuru District Consumer Disputes Redressal Forum and had rejected her request for continuation for the second term. However, taking note of the fact that there was pendency of cases in the District Consumer Disputes Redressal Forum, Mysuru, this Court had permitted the petitioner therein to continue till a regular recruitment is undertaken subject to the petitioner filing an affidavit. 5. In the instant case also the petitioner has filed an affidavit stating inter alia that she may be continued till a regular recruitment is undertaken and that she would make way for regular recruitee on her appointment by vacating the office. The affidavit is taken on record. 6. In that view of the matter, this writ petition is disposed off holding that the petitioner is not entitled to - 5 - NC: 2025:KHC:13574 WP No. 9312 of 2025 continue for the second term as a member of Belagavi District Consumer Disputes Redressal Forum. However, as an ad-hoc arrangement, the petitioner shall be continued in the office as a member of Belagavi District Consumer Disputes Redressal Forum until a regular recruitment is undertaken. The petitioner shall without any challenge or contest, vacate the office and handover charge to the appointee, who may be appointed by the respondents. In case if the petitioner resists, the appointee shall be entitled to take charge. 7. Learned Additional Government Advocate is permitted to file memo of appearance within ten days from today. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 29