Mumbai: The state government has decided to appeal against the order of the Nagpur bench of the Bombay High Court that quashed the rule and committee which selected members and presidents of state and district consumer commissions. The decision came even as the newly joined members and presidents continued to function because the High Court kept a stay of four weeks on its own order.
An official from the consumer affairs department said that the government will file a special leave petition (SLP) in the Supreme Court challenging the HC order.
A division bench struck down the provision on the ground that it results in excessive executive interference in appointment of president and members of the state and district commissions and dilutes the involvement of the judiciary in the process.
It said, “The doctrine of separation of powers is violated. The committee in its present form gives primacy to the executive and the chairperson of the committee is placed in a minority in the selection committee. The opinion of the chairperson alone would not be binding on the state government.”
Court quashes part of the examination process
The bench had also quashed part of the examination process, holding that the parts of the process conducted by state to check proficiency in Marathi were in deviation from the directives of the Supreme Court, were “without jurisdiction” and “cannot be sustained”.
While the state may have made its mind to approach the Supreme Court, the petitioners too seem to be planning to go to court. Senior advocate Tushar Mandlekar, who appeared for the petitioner, said that separate petitions were filed by them on Monday seeking courts intervention to quash the results altogether and also the appointments.
