Section 176: Not to try case involving conflict of interest

1) No judge shall proceed, hear and adjudicate any of the following cases:

(a) A case involving right, interest or concern of him or her or his or her close relative,

Explanation: For the purposes of this Section, the term “close relative” means a person who is, by relation, entitled to succeed to his or her property upon his or her death or maternal uncle, maternal aunt, mother’s elder sister, mother’s younger sister, mother’s elder sister’s husband, mother’s younger sister’s husband, mother-in-law, father-in-law, father’s sister, father’s sister’s husband, elder brother-in-law, younger brother-in-law, elder sister in-law, younger sister-in-law, elder sister, younger sister, elder sister’s husband, younger sister’s husband, daughter-in-law, nephew, niece, niece’s husband, niece’s daughter-in-law, maternal grandfather, maternal grand-mother or any person having such relation in the family.

(b) A case in which he or she has become an attorney, law practitioner or witness on any occasion,

(c) A case which he or she, in capacity of the judge, has decided or made a final order therein in any court,

(d) A case in which he or she has given opinion as to whether or not to institute it on any occasion,

(e) A case involving, for any other reason, a substantial interest of him or her or any of his or her joint family members.

2) If there appears any circumstance referred to in sub section (1), the judge shall make order, setting out the reason therefor, to the effect that he or she cannot try the case.

3) If any judge proceeds to try, hear or adjudicate any case in a manner contrary to sub-section (1), any party may make a petition, accompanied by necessary evidence, for not so trying, hearing or adjudicating the case.

4) If a petition is made pursuant to sub-section (3), the judge shall, before proceeding, hearing or adjudicating the case, make decision as to whether the claim of such petition is reasonable or not.

5) If, while making decision pursuant to sub-section (4), the claim of petition appears reasonable or the judge himself or herself has made order pursuant to sub-section (2) that he or she should not proceed, hear or settle the case, such case shall be referred to another judge, if any, in the same court and in absence of such judge, submission shall be made to the appeal hearing court for the transfer of the case in accordance with sub-section (3) of Section 96.