MOOT PROPOSITION

1. The state of Bombrashtra is the largest and the most populous state in the country of Indostan.
Bombrashtra is revered as the most literate state in Indostan and takes pride in having a
sensitized electorate with almost 73% of its population participating in the legislative assembly
elections for the past few years. Indostan is internationally acclaimed for its adherence to
democratic principles and the rule of law with its judiciary zealously guarding the spirit of its
Constitution. The Supreme Court of Indostan has time and again flexed its judicial muscles
against Constitutional functionaries to keep them within the bounds of law.

2. Though Bombrashtra was known for its cultural diversity, the two major religions practiced by
its natives were Nastiki and Bhaktu. The two religions had a tainted history due to the infamous
communal clashes in 2000, with the Bhaktus even demolishing the fire temples of Nastikis.
However, with passage of time and due to strong political will, normalcy was restored between
the two religions with only minor sporadic clashes happening now and then in certain parts of
the state.

3. The political landscape of Bombrashtra had a plethora of political parties, with Stark Janta party
(SJP), Indostani Baratheon Congress (IBC), (both headed by presidents belonging to Nastiki
religion) and Lannister United Front (LUF) as the major ones which time and again ruled the
state without any support from each other. The electorate of Bombrashtra though fickle minded
was known to give majority votes to one or the other political party with the state never having
witnessed a hung assembly after the elections.

4. The party president of LUF was one Mr. Jogi Lannister, who was perceived as a Bhaktu
fundamentalist even though he had strived for the welfare of all sects of Bombrashtra during his
tenure as Chief Minister of the state from 1997 to 2002. Mr. Jogi was blessed with the gift of the
gab and was known to give fiery speeches during his election campaigns which prompted the
citizens to vote for him in huge numbers.

5. In 2015, Mr. Ednath Sareen was appointed as the Governor of Bombrashtra for a term of five
years. Mr. Sareen originally belonged to the adjoining state of Divisha and before being
appointed as the Governor had a scintillating career in the film industry of Indostan wherein he

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 occupied an eminent stature. As the film industry of Indostan was seated in Bombrashtra, the
said state was close to his heart and he took pride in being appointed as the brand ambassador
of Bombrashtra by the successive ruling governments. After his appointment as Governor of
Bombrashtra, Mr. Sareen renounced the brand ambassadorship and came to reside in
Bombrashtra. He was widely perceived as a politically detached individual and did not exhibit
any inclination towards any minister or political ideology. His appointment as Governor was
welcomed by masses and the political parties of Bombrashtra as he was known for his integrity.

6. In November 2016, the election commission of Bombrashtra announced the 14th legislative
assembly elections to be conducted in February 2017, with the term of the 13th legislative
assembly headed by the then ruling party i.e. IBC coming to an end in March 2017. The SJP
constituted the opposition, while the LUF occupied few seats in the 13th legislative assembly.
The legislative assembly of Bombrashtra comprised of 40 seats, with a political party or a
coalition of parties requiring at least 21 seats to form the government.

7. With elections on the anvil, candidates commenced campaigning for their respective political
parties spreading their party propaganda among the masses. The state witnessed plentitude of
rallies and gatherings being addressed by different political leaders. The rallies addressed by Mr.
Jogi Lannister were a major crowd puller which witnessed large-scale participation of
individuals. However, given the geographical size of the state and limited time for campaigning,
Mr. Jogi was unable to address all gatherings personally. Hence, certain gatherings in non-
strategic areas had been earmarked to be addressed by the loyalists and agents of Mr. Jogi. Due
to the abysmal performance of LUF in the previous elections, Mr. Jogi was desperate to be a
part of the government in the forthcoming elections; hence his party had devised an aggressive
election campaign covering every nook and corner of the state.

8. On January 20, 2017, in one of the LUF rallies being conducted in a rural constituency of
Bombrashtra, Mr. Vithal Dastoor, a staunch supporter of LUF, inter alia, made the following
speech while addressing the gathering:

say it aloud that you are a Bhaktu. We are fighting this election for the protection of
Bhaktuism, therefore we do not care for the votes of Nastikis. This state belongs to
Bhaktus and will remain so. Bhaktuism will triumph in this election and we must become
recipients of this victory to ward off danger on Bhaktuism. Anybody who stands against

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 Bhaktus should be worshipped with shoes. A candidate having a noble name like Jogi
should be led to victory. Vote for Jogi jee and his associates

When the abovementioned speech was made, Mr. Jogi was busy campaigning in another part of
state. The said speech was reported in some local newspapers and telecast on certain regional
channels.

9. The pendulum swung swiftly and the people of Bombrashtra came out in heavy numbers to
exercise their right to vote. The run up to the judgment day i.e. February 28, 2017, the date
fixed by election commission for announcement of results witnessed many poll experts and exit
polls predicting the outcome of elections. While some predicted that SJP would record a
landslide victory, others opined that IBC would win by a slender majority. Bellying all
expectations and rubbishing all predictions, Bombrashtra witnessed an unprecedented poll
outcome i.e. a hung verdict with none of the political parties having managed to secure the
magical number of 21 seats in the legislative assembly. The seat wise allocation as won by the
political parties following the announcement of results was as follows:
SJP 15
IBC 18
LUF 6
Others 1

10. Following the hung poll verdict, Mr. Ednath Sareen being the Governor of state and
constitutionally responsible for appointing the Chief Minister of Bombrashtra was in a fix as to
which political party should be invited to form the Government. While he was consulting certain
constitutional experts as to the way forward certain intelligence reports received by him
indicated that SJP was trying to win over the 6 elected candidates of LUF by alluring them with
money and key positions in the prospective government to be formed by the combined support
of SJP and LUF.

11. On March 2, 2017, the party president of SJP addressed a letter to Mr. Ednath Sareen, which
stated as follows:

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 Respected Rajyapal Jee,
I wish to bring to your kind notice that LUF has extended its support to SJP and our
alliance stakes claim to form a stable government, with both the parties cumulatively
occupying 21 seats in the legislative assembly. Please find attached the signed letters
from the six elected candidates of LUF mentioning their unequivocal support to the SJP.
In light of the above and as per settled constitutional practice you are humbly requested
to invite the SJP LUF alliance to form the government in the state of Bombrashtra

12. On March 3, 2017, the party president of IBC addressed a letter to Mr. Ednath Sareen which
stated as follows:
Respected Rajyapal Jee,
The constitutional conventions which are embedded in the fabric of Indostan mandate
that in the event of a hung verdict the single largest party commanding support in the
legislative assembly should be invited to form the government. As Your Excellency must
be aware, the SJP has made a mockery of our Constitution by indulging in horse trading
activities and buying out the elected candidates of LUF. A party which tries to subvert
and thwart the will of people by throwing our cherished principles of democracy to winds
can never claim to form a stable government. Trust, that Your Excellency will exercise his
discretionary power in conformity with his constitutional oath

13. On March 5, 2017, Mr. Taimur Khan, one of the elected candidates of IBC presented Election
Petition No. 1 of 2017, under Representation of People Act, 1951 (Act), titled Taimur Khan v.
Jogi Lannister & Ors. in the Honble High Court of Bombrashtra praying for declaring the election
of Mr. Jogi Lannister and other returned candidates of LUF to be void. The petition alleged that
as Mr. Jogi and other returned candidates of LUF had resorted to corrupt practices within the
meaning of Section 123 (3) and Section 123 (3A) of the Act, by appealing for votes in the name
of religion and trying to promote feelings of enmity between two religious communities
respectively, through Mr. Vithal Dastoor, the election of the said returned candidates ought to
be declared void on the ground mentioned in Section 100 (1) (b) of the Act.

14. Sensing the vulnerable position in which LUF had been placed, Mr. Jogi came out with a late
night statement on the same day which read as follows:

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 Caste and religion have been buried fathoms deep by the Constitution of Indostan and
what remains is only its fossils for future generations to study. I categorically state that
any person by the name of Vithal Dastoor was never associated with LUF and neither I
nor the party command authorized or consented to alleged statements as stated in the
petition, which is nothing but a political gimmick to stall the formation of government

15. Mr. Ednath Sareen, taking into consideration the written representations of political parties and
after holding deliberations with all political leaders and party presidents issued letter dated
March 8, 2017 as follows:
In exercise of discretionary powers vested in me by Article 163 (1) of the Constitution
of Indostan, I am pleased to invite IBC to form a government in the state of
Bombrashtra, which in my opinion commands largest support in the legislative assembly
and will be able to form a stable government. I leave it to the assembly to determine the
question of confidence in IBC through a floor test. The said procedure leaves little scope
for any allegation of unfairness on my part. The Chief Minister as proposed by IBC will be
appointed by me under Article 164 (1) of Constitution of Indostan and sworn in on March
10, 2017

16. On March 9, 2017, SJP swiftly filed a W.P. (writ petition) No. 1001 of 2017, titled Stark Janta
Party, through Secretary v. Union of Indostan and Ors. in the Honble High Court of
Bombrashtra, under Article 226 of Constitution of Indostan, challenging the letter dated March
8, 2017 issued by Mr. Ednath Sareen as unconstitutional and based on extraneous and mala fide
grounds. SJP was successful in obtaining an ex parte interim stay on the swearing in ceremony
scheduled on March 10, 2017 in the said writ petition. On a plea made by Counsel for IBC, the
Honble High Court directed that Election Petition No. 1 of 2017 be tagged along and heard with
W.P. No. 1001 of 2017 as both petitions involved interlinked questions.

17. At the preliminary hearing of petitions, the Advocate General of Bombrashtra raised an
objection that W.P. No. 1001 of 2017 was not maintainable as it sought judicial review of actions
of Governor who enjoyed absolute constitutional immunity under the Constitution of Indostan.

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 The matter has been posted for final hearing on [insert date of moot] and the Honble High
Court of Bombrashtra has framed the following issues for adjudication:

1. Whether the letter dated March 8, 2017 issued by His Excellency, Mr. Ednath Sareen, Governor
of Bombrashtra, amendable to judicial review under the Constitution of Indostan ?

2. Whether the letter dated March 8, 2017, issued by which His Excellency, Mr. Ednath Sareen,
Governor of Bombrashtra, inviting Indostani Baratheon Congress to form a government in
Bombrashtra, constitutional?

3. Whether the election of Mr. Jogi Lannister and other returned candidates of LUF liable to be
declared void on the grounds mentioned in Section 100 (1) (b) r/w Section 123 (3) and Section
123 (3A) of the Representation of People Act, 1951?

The laws of Indostan are pari materia to the laws of India. Students are not at liberty to raise issues
which have not been framed by the High Court of Bombrashtra.

The moot proposition has been drafted by Mr. Rajat Pradhan, Advocate, Bombay High Court. Any
attempt to contact the author of moot proposition will lead to immediate disqualification of the
participating team.