(1) In the event of the occurrence of any vacancy in the office of the Chairperson of the Appellate Tribunal by reason of his death, resignation or otherwise, the senior-most Member of the Appellate Tribunal shall act as Chairperson until the date on which a new Chairperson, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office.
(2) When the Chairperson of the Appellate Tribunal is unable to discharge his functions owing to absence, illness or any other cause, the senior-most Member of the Appellate Tribunal shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.
Legal Commentary & Landmark Judgments: Section 118
Section 118 of the Act provides for a Member of the Appellate Tribunal to act as Chairperson in the event of the death, resignation, absence, or illness of the Chairperson, ensuring unbroken administrative and judicial continuity.
During a vacancy in the office of Chairperson, move urgent stay petitions before the senior-most Judicial Member acting as Chairperson under Section 118, who possesses full statutory authority to constitute special benches and grant interim relief.