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1996 Supreme(Ori) 84

ARIJIT PASAYAT, P.C.NAIK
NITYANANDA BEHERA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.K.CHOUDHARY, A.K.Nayak, B.N.UDGATA, B.PATNAIK, H.S.SATAPATHY, L.SAMANT RAY, S.D.Das

PASAYAT, J.


( 1 ) PETITIONER calls in question legality of decision of the Government of Orissa, in Food Supply and Consumer Welfare Department holding that as a notary he held an -office of profit, and therefore, was ineligible to hold full-time office of the President of District Consumer Disputed Redressal Forum of Mayurbhanj district (in short 'the District Forum' ).

( 2 ) A brief reference to the factual aspects would suffice before we deal with the pivotal question, whether a notary holds an office of profit, thereby becoming ineligible to hold full-time office of the President, Consumer Forum. By a notification dated 3-4-1995 issued under sub-sections (I) and (IA) of Section 10 of the Consumer Protection Act, 1986 (in short, 'the Act'), petitioner was designated as President of the District Forum of Mayurbhanj district. He was required to furnish affidavit as per sub-rule (5) of Rule 3 of the Orissa Consumer Protection Rules, 1988 (in short 'the State Rules' ). It was indicated that appointment was subject to verification of political activity. After the notification, the Director, Consumer Affairs by letter dated 7-4-1995 (Annexure-3) intimated the petitioner the terms of







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