Motion to Recuse must be prompt.
Facts of the case leading to motion for recusal:
Anthony Hargis was tried by a Union County jury, and he was convicted
of several crimes relating to the unlawful manufacture of methamphetamine.
Following the denial of his motion for new trial, Hargis appealed, asserting
seven claims of error, including that the trial judge was disqualified by her
receipt of an ex parte communication and, therefore, should have recused, and
that the trial court erred when it denied a motion to suppress evidence of a
similar transaction. Continue reading
Doctrine of necessity overrides
the principle of apprehended bias
Facts of the case:
Ms. J. Jayalalitha was elected to the Legislative Assembly of Tamil Nadu on or, the AIADMK ticket in the General Elections held in June 1991 and on being elected as the leader of the party she was sworn-in as the Chief Minister of the State. On 2.10.1992, Dr. Subramanian Swamy preferred a petition to the State Governor under Article 192 of the Constitution of India alleging that the Chief Minister had incurred a disqualification of being a member of the Legislative Assembly of the State, in that, she being a partner in the partnership firm run in the name and style of Messrs Jaya Publications had entered into a contract with the State Government and which contract was subsisting on the date of the petition, in view of sub-clause (e) of clause (1) of Article 191 of the Constitution read with Section 9A of the Representation of the People Act, 1951
The question was whether the Chief Election Commissioner against whom she had expressed her apprehension of Bias, should be recused from the proceedings or he has to act in an advisory capacity, in case of dead lock, on the basis of Doctrine of Necessity. Continue reading