N. KANNADASAN versus AJOY KHOSE AND OTHERS

N. KANNADASAN versus AJOY KHOSE AND OTHERS

Appointment of the appellant as Chairman of the State Consumer Commission was vitiated in law due to lack of proper eligibility and consultative process; an Additional Judge not made permanent does not fulfill the eligibility criteria for such appointment.

Parties
Appellant: N. Kannadasan; Respondent: Ajoy Khose; Respondent: State Government of Tamil Nadu
Jurisdiction
India
Judgment Date
06 May 2009
Procedural Posture
Civil Appeal / Final Judgment on Appeal Against High Court Decision
Outcome
Appeals dismissed
Legal Topics
Appointment Eligibility of Chairman, State Consumer Commission, Judicial Review, Quo Warranto, Interpretation of Eligibility Criteria Under Consumer Protection Act
Constitutional Law Administrative Law Consumer Protection Appointment Eligibility of Chairman, State Consumer Commission Judicial Review Quo Warranto Interpretation of Eligibility Criteria Under Consumer Protection Act

Case Brief

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Parties

N. Kannadasan

Appellant

Ajoy Khose

Respondent

State Government of Tamil Nadu

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal Against High Court Decision

Legal Issues

  1. 1 Whether appointment of appellant as Chairman of State Consumer Commission is valid under Section 16 of the Consumer Protection Act, 1986
  2. 2 Whether a former Additional Judge not made permanent is eligible for post of Chairman
  3. 3 Scope of judicial review of such appointments

Ratio Decidendi

Appointment of the appellant as Chairman of the State Consumer Commission was vitiated in law due to lack of proper eligibility and consultative process; an Additional Judge not made permanent does not fulfill the eligibility criteria for such appointment.

Court Disposition

Appeals dismissed

Orders

  • Appointment of appellant as Chairman was vitiated in law; appeals dismissed; no costs