THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 22.05.2025 BEARING NO. E-AANAASA 79 SALAFA 2025 (1783894) ISSUED BY R-2 IS PRODUCED HEREWITH AND MARKED AS ANNX-J AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks for the following reliefs:-

“ A) Issue a writ in nature of certiorari quashing the impugned Order dated: 22.05.2025, Bearing No: E-AaNaaSa 79 SaLaFa 2025 (1783894), issued by Respondent No.2 is produced herewith and marked as Annexure-J, in so far as petitioner concerned.

B) Issue a writ in nature of Certiorari Quashing the impugned order dated: 27.05.2025, Bearing No. KaRaaAa/Aadalitha/02/2025, issued by the Respondent No.3, is produced herewith and marked as Annexure-K.

C) Direct the respondents to consider the case of the petitioner for re-appointment for another term of four years as per rule 10(2) of the Consumer Protection (Qualification for Appointment, method of Recruitment, Procedure of Appointment, Term of Office, Resignation and Removal of the President and Members of the State Commission and District Commission) (Amendment) Rules 2022.

D) Issue any orders, directions or writ, which deems fit, in the facts and circumstances of the case.”

2. Heard the petitioner, party in-person and learned AGA for the respondents and perused the material on record.

3. A perusal of the material on record will indicate that on 03.03.2020, the petitioner was selected and appointed as a women member of the District Consumer Disputes Redressal Commissioner, Shivamogga, for a term of 5 years. The petitioner submitted representations dated 19.02.2025 and 01.03.2025 to the 3rd respondent with a request to consider extension of her service for 2nd term for a period of 5 years in terms of the Consumer Protection (Qualification for Appointment, method of Recruitment, Procedure of Appointment, Term of Office, Resignation and Removal of the President and Members of the State Commission and District Commission) (Amendment) Rules, 2022 and the interim order passed by the Apex Court in the case of Ganesh Kumar Rajeshwar Rao and others vs. Mahendra Bhaskar Limaye & others – (2025) 8 SCC 634, which was pending before the Apex Court at that time. It was contended that since the respondents did not consider the request of the petitioner for extension and relieved her from the post upon completion of the aforesaid period of 5 years on 03.03.2025, the petitioner, party in-person along with Sri.Vasantha Kumar, Smt.Naina Ashok Kamte, both of whom were appointed along with the petitioner approached this Court in W.P.No.7747/2025, in which, this Court passed an interim order directing the respondents not to disturb the petitioner herein and the other two members from continuing to work in their respective posts.

4. It was contended that subsequently, though the petitioner, party in-person made a request to the respondents to comply with the aforesaid interim order, the name of the petitioner was not found in the order dated 17.05.2025 passed by the respondents continuing various persons including the aforesaid Sri.Vasanth Kumar and Smt.Naina Ashok Kamte as members but did not include the name of the petitioner in the said order. Under these circumstances, petitioner submitted representation dated 20.05.2025 requesting the respondents to consider her case for continuation of her tenure and also a representation dated 22.05.2025 to consider extension of the petitioner’s tenure in terms of the final order passed by the Apex court in Ganesh Kumar’s case supra.

5. It is the grievance of the petitioner that vide impugned communications at Annexure-J dated 22.05.2025 and Annexure-K dated 27.05.2025, the respondents rejected the request of the petitioner and the 3 others viz., Smt.B.H.Yashoda and Sri.N.Kumar, to the post of members of the Chitradurga and Tumkur Di