K. Sreedhar Rao, Ag. CJ.

1. A notification was issued calling for applications to fill up the posts of President of the District Consumer Redressal Forums of Kodagu, Kolar, Hassan and Bidar districts. Petitioner No.1 applied for the districts of Hassan and Kodagu, petitioner No.2 applied for the districts of Kolar, Kodagu, Hassan and Bidar, and petitioner No.3 applied for the districts of Kodagu and Hussan. When the process of selection was pending, respondent No.2 effected transfers of the Presidents of the District Consumer Redressal Forums at Koppal, Dharwad and Bellary districts (respondent Nos.4 to 6 respectively) to Kolar, Hassan and Kodagu districts. In view of the said transfers, the petitioners submit that the process of selection to the post of President of District Forums of Kolar, Hassan and Kodagu districts is rendered infructuous. The transfers effected are mala fide and illegal and hence seek quashing of the order of transfers issued vide Annexure-E dated 23.04.2012.

2. Respondent Nos.1 and 2 support the order of transfers contend that the request of respondent Nos.4 to 6 were pending since October 2010. The Committee under Section 10(1-A) was not convened by the Chairman and therefore, respondent No.2, who is one of the members of the Committee, has effected the transfers.

3. Learned counsel for respondent No.3 submits that the transfers are effected in an illegal and mala fide manner. There is no element of public interest involved and that the transfers are not preceded by the recommendation of the Committee as required under Section 10(1-A) of the Consumer Protection Act, 1986. Respondent No.3 has also produced material at Annexures-R.13 and R.15, which are the letters issued by the Ex-MLA of Sekaleshpura, Hassan district and the Deputy Secretary to the Chief Minister respectively, recommending transfer of Respondent No.6 –Prakash Kumar from Bellary to Kodugu district. He submits that the transfers effected by respondent No.2 are arbitrary and contrary to the provisions of Consumer Protection Act, 1986, under political pressure.

4. The Supreme Court in State of Rajasthan and others vs Anand Prakash Solanki ({2003}7 SCC 403) has made the following observations at paragraphs 7, 8, 9 and 13;

“7. Each District Forum in a State is constituted under Section 10 of the Act which reads as under:

“10. Composition of the District Forum,-

(1) Each District Forum shall consist of.-

(a) a person who is, or has been, or is qualified to be a District Judge, who shall be its President;

(b) two other members, who shall be persons of ability, integrity and standing, and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman.

(1-A) Every appointment under sub-section (1) shall be made by the State Government on the recommendation of a selection committee consisting of the following, namely-

(i) the President of the State Commission – Chairman,

(ii) Secretary, Law Department of the State – Member,

(iii) Secretary, in charge of the Department dealing with consumer affairs in the State – Member.

(2) Every member of the District Forum shall hold office for a term of five years or up to the age of 65 years, whichever is earlier, and shall not be eligible for reappointment:

Provided that a member may resign his office in writing under his hand addressed to the State Government and on such resignation being accepted, his office shall become vacant and may be filled by the appointment of a person possessing any of the qualifications mentioned in sub-section (1) in relation to the category of the member who has resigned.

(3) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of the members of the District Forum shall be such as may be prescribed by the State Government.”

It is clear from a bare reading of the a