Multiple choice

Abuse of discretion can be inferred from which of the following circumstances?

(i) Non-application of mind (ii) Colourable exercise of power (iii) Non-observance of audi alteram partem (iv) Irrelevant considerations

  1. Only (i)

  2. Only (i) and (ii)

  3. Only (ii) and (iii)

  4. Only (ii), (iii) and (iv)

Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

An abuse of discretion is a failure to take into proper consideration the facts and law relating to a particular matter. Abuse of discretion can be inferred from colourable exercise of power, non-observance of audi alteram partem and irrelevant considerations. Colourable exercise means that under the “colour” or “guise” of power conferred for one purpose, the authority is seeking to achieve something else which it is not authorised to do under the law in question, then the action of the authority shall be invalid and illegal.

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