Moot Problem Set 2

In the State of Mumba the governing party suddenly gets claims from rebellious leaders inside
the party that they have chosen another chief minister candidate and have no trust on the current
leader. This rebellious leader and the members supporting him have approached the Governor
of the state to conduct a floor test for trust votes. Informed by the fact that there is an upcoming
trust vote the members currently in Judicial custody have filed a writ petition before the
Supreme Court to be considered and given an opportunity to vote in the floor test.

The governing party represented by the current leader has approached the Supreme Court to
claim an interim stay on this floor test demand made by the rebellious members in order to
maintain government stability. The leader has also claimed the action of the party whip turning
into a rebel leader to be unconstitutional and thus claiming it as a ground to disqualify the
member under the anti defection schedule of the constitution.

Taking into consideration the petitions filed, the Supreme Court has decided to club the
petitions filed by the governing leader seeking stay on floor test and seeking disqualification
of the whip turned rebel leader, and the voting right claim of the members currently in judicial
custody for the upcoming floor test (if it happens).

The Law of state of Mumba is pari materia to the law of India.