GENERAL INTRA MOOT COURT COMPETITION (2021-2022)

MOOT PROPOSITION
 STATEMENT OF FACTS

1. Asad Khalid is a popular leader from the State of Siland in the Republic of Gazipur. His
political journey started in the year 1986, when he led the student wing of the Kazo National
University to oppose the imposition of a national emergency. The rise of avant-garde politics,
coupled with the decline of the communist regime, catapulted the rambunctious leader to the
forefront in the 1990s.

2. In the year 1999 Asad Khalid became the leader of the youth-wing of the Sil Jibo Party, and
in the year 2001 he was elected as the legislator to the Siland State Assembly from the Kazo
District. During his second term as the legislator, Asad Khalid was nominated by Rohin Dey,
the leader of the Sil Jibo Party and the Chief Minister of Siland, as the Minister of Fisheries in
2007. After spearheading several successful policies, Asad Khalid was made the Minister of
Agriculture in 2011, during his third term as a legislator from the Kazo District.

3. Unfortunately, the Sil Jibo Party fell out of the peoples’ favour as allegations of corruption
gained traction. Consequently, in 2013, Rohin Dey’s Government lost the Floor Test as its ally,
People’s Party of Siland, withdrew support. In the ensuing Elections of 2014, Madhur Dey, the
leader of the People’s Party of Siland, scraped a narrow majority to become the Chief Minister
of Siland.

4. The People’s Party of Siland had been voted in on their manifesto of a graft-fee Siland, and
in fulfilment of their promise, Madhur Dey constituted a Special Prosecution Committee to
investigate allegations of corruption that had brought down Rohin Dey’s Government.

5. By the end of 2015, Rohin Dey and a few members of his Cabinet were convicted by a
Special Court. While Rohin Dey was held guilty on the ground of embezzlement in awarding
public procurement tenders, Asad Khalid was found guilty on commuted charges of having
acted without due diligence and against public interest. Consequently, Asad Khalid was
sentenced to a year’s imprisonment under Section 13(1)(d)(iii) of the Prevention of Corruption
Act 1988 on December 12th. On December 23rd Asad Kalid was sent to the Kazo Central Jail.

6. Asad Khalid’s Appeal was dismissed in limine by the Siland High Court on January 02nd
2016, during which time his sentence was not suspended. The Supreme Court of Gazipur
admitted Asad Khalid’s Special Leave Petition on January 22nd, and suspended his sentence
with immediate effect. However, Asad Khalid’s Special Leave Petition stood dismissed by the
Supreme Court on August 23rd 2017, and he was ordered to complete the remainder of his 1-
year sentence. Asad Khalid was remitted back to the prison on August 26th, and was released
on July 25th 2018.

7. Consequent to his release, Asad Khalid spent the next few months trying to redeem his
political image. Truth be told, Asad Khalid was never complicit in his Party leadership’s design
to embezzle public funds; however, his blind faith led him to lend out his signatures foolishly.
Even the people of Siland sympathized with Asad Khalid, and perceived him as a gullible
victim of a harsh law. Devastated by Rohin Dey’s deception, Asad Khalid severed all ties with
the Sil Jibo Party and formed his own Party, the Jan Kalyan Morcha.

8. Because Asad Khalid was disqualified from contesting elections on ground of former
conviction, he did not contest the 2019 Polls. Nonetheless, the Jan Kalyan Morcha, under Asad
Khalid’s leadership, secured a historic mandate of 54% votes and 87% seats. Being the leader
of the single-largest Party, Asad Khalid was invited by the Lieutenant Governor to form the
government, and on October 11th 2019, Asad Khalid took oath as the youngest Chief Minister
of Siland.

9. In order to extend his mandate as the Chief Minister beyond the expiry of 6 months, Asad
Khalid preferred an Application under Section 11 of the Representation of People’s Act 1951
to the Election Commission of Gazipur on February 29th 2020. The same was swiftly allowed
on March 05th, and Asad Khalid’s disqualification to contest elections was condoned to exactly
1 year, 7 months, and 12 days. The raison d'etre for the condonation was that Asad Khalid’s
historic mandate demonstrated the faith of the Sil people in his leadership, and that the
provision under which he was convicted, had been repealed by the Gazipur Parliament in 2018.

10. On the very next day after the Election Commission’s Order, Giridhari Ram, Jan Kalyan
Morcha’s legislator from the Kazo District, tendered his resignation from the Siland State
Assembly. In the By-election held on April 7th, Asad Khalid won against Madhur Dey, and
continued his term as the Chief Minister of Siland. Consumed by jealousy, Madhur Dey filed
a Writ Petition titled “Madhur Dey v. Election Commission of India & Ors.” praying that:

“A. Strike down Section 11 of the Representation of the People Act 1951 for being
violative of Article 14 of the Constitution for bequeathing unbridled powers unto the
Election Commission.

B. Writ of Certiorari against the Election Commission’s Order dated March 05th 2020.
 C. Writ of Mandamus directing re-election to the Kazo District seat in light of Asad
Khalid’s ineligibility to be chosen as a legislator.”

INSTRUCTIONS

I. Parties to the lis are expected to raise challenge on at least three Issues:

(i) Maintainability of the Writ Petition before the High Court.

(ii) Merits of the Election Commission’s March 05th Order.
(iii) Constitutionality of Section 11 of the 1951 Act.

II. The laws as applicable to the Republic of India are applicable mutatis mutandis to the
Republic of Gazipur, except as provided hereinafter:

(i) Article 329 of the Constitution of India 1950 shall read as: “Notwithstanding
anything in this Constitution, no election to either House of Parliament or to
the House or either House of the Legislature of a State shall be called in
question except by an election petition presented to the Election Commission of
India”.
(ii) Section 8(1)(m) of the Representation of the People Act 1951 shall read as:
“Prevention of Corruption Act 1947”.
(iii) All facts of which the Courts must take judicial notice under Section 57 of the
Indian Evidence Act 1872 must be imported to the present dispute.