STATE OF M.P. vs AJAY SINGH .

The Supreme Court held that the replacement of a sole member of a Commission of Inquiry under the Commissions of Inquiry Act, 1952, is not permissible unless there is a vacancy as defined under Section 3(3) of the Act. The Court clarified that Section 21 of the General Clauses Act, 1897 cannot be invoked to confer such power to substitute members when the Act does not provide for it. Consequently, the Court upheld the High Court's decision to quash the notification appointing a new member, affirming that the original appointee could not be replaced without a vacancy.