Section 125: Challenge

125. Challenge (1) No challenge shall be allowed against a Magistrate save on the ground of personal interest in any cause or matter brought before him or of his being related to one of the parties in the suit by blood or marriage, either in the direct line or in the collateral line to the degree of first cousin inclusively. [Issue 1] C54 – 32 Revised Laws of Mauritius (2) Any challenge against a Magistrate shall be deposited at the registry of the Court where the Magistrate sits and the Magistrate against whom the challenge is made shall either accept the challenge or set down in writing the reasons for not abstaining from hearing the cause or matter. (3) Where a Magistrate does not abstain from hearing a cause or matter upon a challenge made against him, the reasons in answer to the challenge as set down in writing under subsection (2) shall be transmitted to the Registrar for submission to a Judge in Chambers. (4) The Judge in Chambers shall determine the question of challenge summarily, in the absence of the parties and, where the challenge is not admitted, may award costs not exceeding 50 rupees against the party having made the challenge. (5) Where a Magistrate considers that he should abstain from hearing a cause or matter, he shall give notice of his reason to the Chief Justice who shall adjudicate on it and make an order accordingly.