https://www.taxtmi.com/caselaws?id=181798 A member of the Election Commission against whom a real and reasonable apprehension of bias exists should ordinarily recuse from deciding a disqualification reference, because fairness must be preserved in a quasi-judicial process. On the facts, the close association between the Chief Election Commissioner and the complainant justified recusal, and the bias objection was upheld. The constitutional scheme under Article 324 does not require all members to act together in every case; where the other Election Commissioners can reach a unanimous decision, the Chief Election Commissioner need not participate. The doctrine of necessity applies only if disagreement among the remaining members creates a deadlock and participation is needed to prevent frustration of the decision-making process. en-us Tue, 23 Apr 1996 00:00:00 +0530 Mon, 25 Apr 2016 14:20:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=181798 A member of the Election Commission against whom a real and reasonable apprehension of bias exists should ordinarily recuse from deciding a disqualification reference, because fairness must be preserved in a quasi-judicial process. On the facts, the close association between the Chief Election Commissioner and the complainant justified recusal, and the bias objection was upheld. The constitutional scheme under Article 324 does not require all members to act together in every case; where the other Election Commissioners can reach a unanimous decision, the Chief Election Commissioner need not participate. The doctrine of necessity applies only if disagreement among the remaining members creates a deadlock and participation is needed to prevent frustration of the decision-making process. Case-Laws Indian Laws Tue, 23 Apr 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=181798