Kerala High Court Allows Consumer Commission Member To Continue Beyond Tenure Till Rules Are Amended, Fresh Recruitment Done
Anamika MJ
18 March 2026 12:04 PM IST
The Kerala High Court has recently allowed a member of the District Consumer Disputes Redressal Commission, Malappuram to continue in the post beyond his original tenure, till fresh recruitment is made after appointment rules are suitably amended.
Justice N. Nagaresh issued the interim order and directed the respondents to file a counter affidavit within three weeks.
The petitioner-member approached the High Court in the backdrop of the Supreme Court direction in Ganeshkumar Rajeshwarro Selukar v Mahendra Bhaskar Limaye [2025 KHC 6529], where the Union Government was asked to consider the feasibility of forming a permanent adjudicatory forum for consumer disputes and appointing permanent members in the said commissions.
The petitioner argued that under the existing Consumer Protection Rules, 2020, he is eligible for reappointment without the need to undergo a fresh examination process.
However, the Supreme Court in Ganeshkumar Rajeshwarrao Selukar which directed the Union Government to frame new rules governing appointments to consumer commissions and to explore the creation of a permanent adjudicatory framework.
According to the petition, until such rules are finalized and notified, fresh appointments cannot be made, leaving a regulatory vacuum.
The petitioner relied heavily on Supreme Court order in Urmila Verma v State of Rajasthan [SLP(C) 36217/ 2025], which is a similar case involving a Rajasthan State Commission member, where the apex court permitted continuation in office until new recruitment processes were completed or rules amended.
The petitioner thus prayed to grant similar relief, allowing him to continue uninterrupted until the new regulatory framework is in place as his tenure of 4 years as the member will be expiring on 21.03.2026.
The Court relied on the interim order in Urmila Verma and allowed the petitioner to continue as the member of the District Consumer Redressal Commission, Malappuram till fresh recruitment is made after rules are amended suitably.
The matter is posted on 09 April for further consideration.
Case Title: Mohamed Ismayil C.V v Union of India and Anr.
Case No: WP(C) 8823/ 2026
Counsel for Petitioner: Mohammed Al Rafi, Thajuna Maria Francis
Counsel for Respondent: Parsathy S.R (CGC)