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Section 32: Vacancy in office of member of District Commission

Consumer Protection Act • Official Statutory Text & Practice Guide

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Act 2019
Section 31 All 107 Sections of Consumer Protection Act Section 33

Legal Commentary & Landmark Judgments: Section 32

Section 32 provides an emergency statutory mechanism to address vacancies in the office of the President or member of a District Commission. It empowers the State Government to direct the President or member of an adjoining District Commission to discharge functions, or authorize another eligible person, ensuring that consumer justice is not stalled by unfilled vacancies.

  • Emergency Administrative Powers of State Government: Triggered whenever a vacancy arises in the office of the President or member of any District Commission within the State.
  • Inter-District Additional Charge Delegation: Under Section 32(a), the State Government may notify the President or member of any other District Commission to exercise powers and discharge functions of the vacant Commission.
  • Authorization Under Prescribed Rules: Section 32(b) permits the State Government to authorize any other person qualified in accordance with statutory rules to discharge the functions of the vacant office.
Key Landmark Precedents:
  • P. Ramanatha Aiyar v. State of Kerala (1989) 2 SCC 338: The Supreme Court held that statutory provisions enabling the executive to assign additional charge during vacancies are administrative necessities designed to ensure that judicial and quasi-judicial functions are not brought to a standstill.
  • State of Haryana v. Subhash Chander Marwaha (1974) 3 SCC 220: Affirmed that while filling permanent vacancies requires regular selection, interim charge assignments to existing qualified officers preserve institutional continuity.
Courtroom Practice & Strategic Litigation Guidance:

When a District Commission becomes non-functional due to retirement, illness, or vacancy in the office of the President, move a formal administrative representation or writ petition before the High Court citing Section 32. Request an immediate notification directing the President of a neighbouring District Commission to hold additional charge under Section 32(a), thereby preventing dismissal for default or endless adjournments of urgent consumer interim applications.

Section 31 All 107 Sections of Consumer Protection Act Section 33