Can i file an application for recusal of a Judge ?
4 years ago
Stage 1----A SLP was filed . I was R1. Judges A and C adjudicate. Order was passed giving liberty to the Petitioner to file review in the HC. The reasoning given to permit the review was not genuine. I was not present to oppose. Judges did not interfere with the monitory benefits granted to me by HC. The other side files a review in HC and HC allows it reversing the reviewed order of HC deleting the monitory benefits granted to me. Stage 2----- I am now petitioner in my SLP challenging the HC order in review. Judge A and D dismisses my SLP taking a stand this time that i do not deserve any monitory benefits. I wanted to object to judge A appearing again but could not. Stage 3---Now i have filed a review . judge A will hear the case again.
1)Was it Ok for judge who passed a order allowing the other side to file a review to sit in appeal when i am challenging the order of same review ? 2)Can i file an application for recusal of the Judge A from my present review petition ?
Sidhaarth
Responded 4 years ago
2. No, it is belated one. Review application can only be looked into by the same judge who had passed the impugned order.
It all depends upon discretionary powers of judges and rarely your resistance will be looked into.
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