Single Judge dismissed a writ petition challenging the appointment of a respondent as a member of the District Consumer Forum, holding the plea barred by constructive res judicata due to multiple prior litigations on the same cause of action.
Denied relief as the petition was dismissed. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No.2323 (MS) of 2013
Vivek Tagra …….Petitioner Versus State of Uttarakhand …….Respondents
Hon’ble Sudhanshu Dhulia, J. (Oral)
Mr. Sandeep Tiwari, Advocate, present for the petitioner.
“ 10. Composition of the District Forum. -(1) Each District Forum shall consist of,-
2
(f) has such other disqualifications as may be prescribed by the State Government;) (1A) Every appointment under sub-section (1) shall be made by the State Government on the recommendation of a selection committee consisting of the following, namely :-
Provided that where the President of the State Commission is, by reason of absence or otherwise, unable to act as Chairman of the Selection Committee, the State Government may refer the matter to the Chief Justice of the High Court for nominating a sitting Judge of that High Court to act as Chairman.
3
no. 6 as a member of the District Consumer Forum as far back as in 2010. A preliminary objection has been made by the Mr. Paresh Tripathi, learned Addl. Chief Standing Counsel regarding the maintainability of the writ petition and it has been argued that the case of the petitioner is barred by resjudicata, in any case by a constructive resjudicata as it is the third round of litigation by the petitioner for the same cause of action. Earlier a petition being Writ Petition No.1520 of 2010 (M/S) was filed which was dismissed by the learned Single Judge on 24.11.2011 against which a Special Appeal No.305 of 2011 was preferred which was also dismissed by the Division Bench of this Court on 28.12.2011. Thereafter, petitioner filed another writ petition no.1353 of 2012 (M/S), which was dismissed as withdrawn on 05.07.2012 with a liberty to the petitioner to file a review petition. Thereafter, petitioner filed a Review Application No.613 of 2012 against the order of the Division Bench dated 28.12.2011 but that review petition was also dismissed on 7th August, 2012.
4
(Sudhanshu Dhulia, J.)
26.12.2013
ML
1 issue framed by the court
Whether the writ petition challenging the appointment of a member of the District Consumer Forum was barred by constructive res judicata after three prior rounds of litigation on the same cause of act
1 provisions across 1 enactments
Vivek Tagra
State of Uttarakhand
Sudhanshu Dhulia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
