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Mala fides as a ground of abuse of administrative discretion most accurately refers to:
Answer & Solution
Correct answer: A.
1. **Mala fides** (bad faith) is one of the categories of 'abuse of discretion' under the ICSI Lesson 5 framework.
2. The text defines: 'If the discretionary power is exercised by the authority with **bad faith or dishonest intention**, the action is quashed by the court. **Malafide exercise of discretionary power is always bad** and taken as abuse of discretion. Malafide (bad faith) may be taken to mean dishonest intention or **corrupt motive**.'
3. In relation to statutory powers, malafide may comprise dishonesty or fraud, and malice. A power is exercised fraudulently if its repository intends to **achieve an object other than that for which he believes the power to have been conferred** — to promote a public or private interest other than the one the statute envisaged.
4. *Tata Cellular v. Union of India, AIR 1996 SC 11* — Article 14 must be kept in view in accepting or refusing a tender; right to refuse the lowest tender is not arbitrary unless exercised for a collateral purpose.
_Source: ICSI CS Executive — Lesson 5, 'Abuse of discretion — (i) Mala fides', p. 122._
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