AIBE III 2012 Question 84

In a challenge to adjudication of disqualification of a member of a legislature, bias was alleged against the Chief Election Commissioner on the ground that the complainant was a friend of the Chief Election Commissioner. The Supreme Court held that as there was a suspicion of bias, the Chief Election Commissioner should excuse himself from participating in the decision and let the other two Election Commissioners decide the point. However, there is a difference of opinion between the two Election Commissioners and they are unable to decide the matter. Can the Chief Election Commissioner participate in the adjudication to resolve the deadlock?

1. A The Chief Election Commissioner cannot participate in the adjudication, as the Supreme Court has already ordered that the Chief Election Commissioner step aside from the adjudication.
2. B The Chief Election Commissioner cannot participate in the adjudication, as personal bias has already disqualified the Chief Election Commissioner.
3. C The Chief Election Commissioner cannot participate in the adjudication, as the Chief Election Commissioner will now be even more biased towards the complainant.
4. D The Chief Election Commissioner can participate in the adjudication as no other person competent to adjudicate and resolve the deadlock is available. Official answer
5. E The Chief Election Commissioner can participate in the adjudication as the required quorum cannot be formed in this instance.