K. Shiva Shankar Bhat, J. - The petitioner was appointed as a member of the Gulbarga District Forum constituted under the provisions of the Consumer Protection Act, 1986. Her appointment was made as per the Notification dated 10.8.1989. This notification also stated that the jurisdiction of the said forum shall extend to four revenue Districts of Gulbarga, Raichur, Bellary and Bidar. A formal order of appointment was subsequently made on 21.9.1989 as per the Notification of the said date. However, on 24th April, 1990, Bidar Forum was constituted by a notification, consisting of the same President and members including the petitioner. By another Notification dated 8th November, 1991 the District forum for the District of Bidar was notified as consisting of Mr. Byrappa as the President and two members Mr. Kashinath Rao Pule and Smt. Guramma. Obviously this was pursuant to the order of the Supreme Court directing that each of the Districts shall have an independent District Forum.

2. On 15th November, 1991, the petitioner wrote to the Minister for Food and Civil Supplies, Government of Karnataka bringing to his notice that the petitioner is a resident of Bidar proper and that she used to attend hearings at Bellary, Gulbarga, Raichur and Bidar as a member of the common forum and that she had to travel 3 to 4 hundred kms. and she had been attacked with throat disease due to dust allergy. She also enclosed a medical certificate. She has stated that since a separate District forum for Bidar had been constituted she may be included in the said forum and obviously due to oversight she was not included in the said District forum for Bidar though the practice had been to appoint the local person in the case of a lady member.

3. On 16th December, 1991(Annexure-H), Notification was issued appointing the second respondent Smt. Archana Tiwari as a member of the District Consumer Forum of Gulbarga in place of the petitioner. The petitioner is aggrieved by its Notification.

4. The composition of a District forum is provided for in Section 10 of the Act. This requires a lady social worker also to be a member of the forum. As per Section 10(2) every member of the District forum shall hold office for a term of 5 years or upto the age of 65 years whichever is earlier and shall not be eligible for re-appointment. The proviso provides for the resignation by the member concerned.

5. Sec. 10(3) of the Act refers to the salary or honorarium and other allowances payable and other terms and conditions of service of the members of the forum which arc to be prescribed by the State Government under the Rules. Rule making power under Sec. 30 is vested in the State Government. In exercise of this power of making the rules, the Karnataka Consumer Protection Rules, 1988 has been notified. Rule 3(5) provides for removal from the office, the President or member of a District forum on the grounds stated in clauses(a),(b),(c),(d) and(e). However, the proviso states that no order of removal from office of the President or member on the grounds specified in clauses(d) and(e) shall be made unless the concerned person has been given an opportunity of being heard. Clause(d) refers to the acquisition of financial or other interest by the member or the President which is likely to affect the functioning of the member or is prejudicial to his interest as the President or as the member and clause(e) refers to abusing of the position by the member or the President.

6. I am of the view that the concerned authority shall have to give an opportunity of being heard before exercising the power of removal even in other cases not covered by the above proviso. For example if the member has to be removed on the ground of physical or menta1 disability, the President or the member concerned if notified could show that the allegations against him is unfounded. Similarly, suppose the Government opines a person as insolent person but in fact he was not so adjudged, Order of the State Gove