Moot Problem

Indiana is a thickly populated State with 28 States and 7 union Territories. Indiana has adopted federal
form of Government with parliamentary democracy with proportional representation from each State in
the upper house of the Parliament. Madarasa is one of the State in Indiana. Elections in the State of
Madarasa were yet to be conducted/held. There was a state of internal disturbance in this State for
quite some time. On the recommendations made by the Governor of Madarasa, the President of
Indiana, after consulting the Union Cabinet for its opinion, imposed emergency in Madarasa in August,
2022. Emergency was lifted in this State in the month of January, 2023, after the internal disturbance in
the State came under control. Now the State is getting prepared to go for elections.

Rijwa, a member of the lower house representing Indiana federal party in the parliament remained
absent for 90 days when the parliamentary sessions were going on. During that period he contested as a
MLA ,as an independent candidate, from one of the constituency of Madarasa , by name Tulur, on 2 nd
March, 2023 and he won the election.The Election commission declared the names of all the winning
candidates in Madarasa. No political party got absolute majority to form the Government. The Local
political party by name Mudara Kazikam Party which emerged as a single largest party with no sufficient
mandate wanted to form a Government with unconditional support from independent MLA’s. Rijwa
along with another 8 independent MLA agreed to support the party , if he is provided with ministership
in the newly formed Government. The party agreed to offer Rijwa with ministership. The election of
Rijwa from Tulur Constituency is challenged before the federal court of Indiana by Indiana federal party,
praying the court to declare his election in this constituency as invalid on the ground that he was
already a member of the parliament at the time of contesting the election from Tulur Constituency.

The Fedral Court of Indiana admitted the petition filed by Indiana Federal Party and took the matter for
hearing. Submit your arguments from both sides in the form of memorials.