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Moot Court Sample Memorial
Moot Court Sample Memorial
vs
Writ Petition
INDEX OF AUTHORITIES
STATEMENT OF JURISDICTION
STATEMENT OF FACTS
STATEMENT OF ISSUES
SUMMARY OF ARGUMENTS
ARGUMENTS ADVANCED
PRAYER
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Statues Referred:
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Kihota v. Zachilu
ie- That is
Art- Article
The Speaker quickly invoked the Anti- Defection law and after giving
the right of hearing for clarifying their position disqualified them from
membership of the Assembly on the ground that their action of
withdrawing support amount to defection under Para 2 (a) of the 10th
schedule as they were expected to fulfill the aspirations of voters and
implement the manifesto of the ruling party.
Further their case fell outside the scope of anti-defection law. The
Speaker was biased as mere withdrawal of support does not lead to the
inference of incurring disqualification under the aforesaid law.
The rebel members of the ruling party particularly stressed the point
that they did not give up party membership which was necessary to
attract anti-defection law (Para 2(a) of the 10th Schedule to the
Constitution).
4. Whether the High Court has jurisdiction to hear the matters for
disqualification of the members of the Legislative Assembly?
4. Whether the High Court has jurisdiction to hear the matters for
disqualification of the members of the Legislative Assembly?
ARGUMENTS ADVANCED
Speaker’s Decision Under Anti Defection Law:
(1) A person shall be disqualified for being chosen as, and for being, a
member of the Legislative Assembly or Legislative Council of a State-
(a) If he holds any office of profit under the Government of India or the
Government of any State specified in the First Schedule, other than an
office declared by the Legislature of the State by law not to disqualify
its holder
The court held that the function of the speaker, while applying Anti-
Defection Law is like that of a Tribunal and therefore is open to Judicial
Review
As the Speaker was biased as mere withdrawal of support does not lead
to the interference of incurring disqualification under the aforesaid law.
Article 19(1) (a) says that all citizens shall have the right to freedom of
speech and expression.
Meaning-