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2021 Supreme(Bom) 1668

SUNIL B.SHUKRE, ANIL S.KILOR
Vijaykumar Bhima Dighe – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S. S. Kate, T. D. Mandlekar, Rohan Malviya, Tajas Fadnavis

JUDGMENT :

ANIL S. KILOR, J.

With great power comes great responsibility. In fact, power howsoever small or big comes with proportionate responsibility as they are complimentary to each other. Whenever the principle of proportionality is violated, the effect would be disastrous. It follows that, greater the power attached to any post, stricter the criteria must be for appointment to such post. The posts to which the Rules under challenge here apply, are the posts governed by this principle.

2. In these two petitions the grievance revolves around the criteria adopted for selection of President and Members of the State Commission and District Commission, constituted under the Consumer Protection Act, 2019 (for short ‘the Act of 2019’), which according to the petitioners, is not analogous to the function and powers of Commissions, under the Act of 2019.

3. The facts giving rise to both these petitions, are as follows :

    The Ministry of Consumer Affairs, Food and Public Distribution, New Delhi in exercise of the power conferred under sections 29 and 43 read with clauses (n) and (w) of sub-section 2 of section 101 of the Act of 2019, framed Rules, vide notification dated 15th July, 2020, call

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