Hemraj Lahanu Thakur v. Union Of India Thr.Secy., Ministry Of Consumer Affairs Food And Public Distribution Dept. And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 265 OF 2024 (Shri Hemraj Lahanu Thakur Vs. Union of India and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dr. T.D. Mandlekar, Advocate for petitioner.

Mr. N.S. Deshpande, DSGI for respondent No.1/Union of India. Mr. A.S. Fulzele, Addl.GP for respondent No. 2. Mrs. S.P. Giratkar, Advocate for respondent No.3. CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATED : 08-05-2025 The petitioner, who was appointed as a member of District Consumer Forum, Yavatmal for a period of 5 years on 29.1.2019 and whose term of office was to be completed on 13.2.2024, by the application dated 4.12.2023 and had applied for reappointment in terms of rule 10(2) of the Consumer Protection (Qualification for appointment, Method of Recruitment, Procedure for Appointment, Term of Office, Resignation and Removal of the Members of State Commission and District Commission) Rules, 2020 ("Rules", for short) has filed the present petition seeking declaration, that he is eligible for reappointment to a 2nd term. The entitlement of such a person to be considered for reappointment for 2nd term has already considered by us in Bhaskar Buphkaran Pushpa Yogi and Ors Vs. Union of India and Ors, Writ Petition No. 7059/23 decided on 22.4.2025 by which we have held, that in terms of the Rules of 2020, the person who has worked in any capacity with the District /State Commissions would be entitled to be

2 7wp265.2024..odt considered for reappointment for a 2nd term. Since Mr. Mandlekar, learned counsel for petitioner, upon instructions, restricts the challenge in the petition for claim of reappointment and continuation by way of an ad interim order, we dispose off the petition in terms of what has been held in Bhaskar Buphkaran Pushpa Yogi and Ors Vs. Union of India and Ors (supra) by holding that petitioner would be entitled to be considered for reappointment for 2nd term, however, the claim to put him back in the saddle is declined. The petition is disposed off in above terms. No costs. All civil applications are disposed off in view of above.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) Belkhede