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2004 Supreme(SC) 1604

K. G. BALAKRISHNAN, B. N. SRIKRISHNA, SHIVARAJ V. PATIL, G. P. MATHUR
Ashok Tanwar – Appellant
Versus
State Of H. P. – Respondent


Judgment

Shivaraj V. Patil J.—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 Hon’ble 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

























































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