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N THE Matters OF: Special Leave Petition NO
N THE Matters OF: Special Leave Petition NO
IN THE
AT NEW DELHI
IN THE MATTERS OF
(REPRESENTED BY HERSELF)
V.
ASSEMBLY.............................RESPONDENT
(REPRESENTED BY HIMSELF)
[]
AND
(REPRESENTED BY HERSELF)
V.
GAJSTHAN.............................................RESPONDENT
[]
CLUBBED WITH
V.
[]
Under Article 142 of the Constitution of India Read with Rule 3, Order LV Of the Supreme
On December 26, 2019, assembly elections took place in the province of Gajsthan
Disputes arose among certain ministers of the Peace Party during July 2020 regarding
allocation of state revenue. The matters of dispute were related to the fundamental
idea of the Peace Party, and thus the Party asked the members to support it in all its
policies.
On August 15, 2020, the dissenting ministers, along with 13 other representatives
publicly opposed the policies of provincial government, and the central leadership of
On August 16, 2020, the Socialist Party’s representative presented an application for
the disqualification of the forementioned members from the Assembly on the grounds
of defection. Meanwhile, on October 15, 2020, the Bill was introduced in the
assembly; with the dissenting members voting against it, the Bill was thus defeated.
Following this, on November 5, 2020, the Socialist Party urged the State Governor to
direct the Chief Minister to face a trust vote in the assembly. The Governor thus
directed that it be done by November 15, 2020. The Chief Minister denied the
The appellant, 7 Miles Pvt. Ltd. [“7 Miles”] observing that the colleges in Veerupur,
Gajsthan host fests from September to December every year, decided to monetize on
Thus, in order to procure large-scale kitchen equipment for their restaurants, the
appellant entered into an agreement with the respondent, Ghantaghar Pvt. Ltd.
aggressive deadlines. The agreement specified the deadline for delivery of goods as
On June 15, 2020, the Ministry of Health notified regulations for closing educational
institutions till November 30, 2020, and banning inter-state transportation of goods till
July 30, 2020, which came into force in the entire State of Gajsthan on the onslaught
of a flu that was contained within the state. However, neither intra-state transport nor
manufacturing was suspended. For this reason, the respondent denied delivering
goods within the contractual deadline citing increased costs and difficulty.
STATEMENT OF JURISDICTION
ISSUES FOR CONSIDERATION
II. WHETHER OR NOT DOES THE GOVERNOR HAVE THE AUTHORITY TO DIRECT THE CHIEF
MAY 1, 2020?
SUMMARY OF ARGUMENTS
The fact that the Peace Party had asked all its members to support it in all its policies, and
that subsequently their Bill was opposed on the floor of the assembly by the dissenting
members of the Party makes evident the defiance of Party direction, and thus amounts to
II. THE GOVERNOR DOES HAVE THE AUTHORITY TO DIRECT THE CHIEF MINISTER TO
As per Article 163(2) of the Constitution of India, whenever there is doubt with regards to
whether or not the Governor is required to act in his discretion under the Constitution, the
decision of the Governor in his/her discretion shall be final, and the validity of anything done
by the Governor shall not be called in question on the ground that he ought or ought not to
have acted in his discretion. Additionally, the Supreme Court of India has affirmed the power
of the Governor to call for a trust vote/floor test whenever he/she a government in power has
The fact that intra-state transport of goods and manufacturing activities have not been
suspended by the Ministry of Health’s notification proves that the delivery of goods within
the deadline, however difficult, is not impossible. Courts, in various cases, have held that
It must first be clarified that “the words ‘voluntary giving up membership’ are not
formal resignation, an inference can be drawn from the conduct of a member that he has
The Supreme Court of India [“Supreme Court”] has elaborated on the rationale underlying
Schedule X2 and upheld the Anti-Defection Law brought out by way of Constitutional
Amendment3, and ruled that “the Speaker’s order under the law disqualifying a member of
Admittedly, paragraph 7 of Schedule X bars court interference. The majority view of the
Supreme Court was that “Paragraph 7 of Schedule X barring judicial review affects Article
136, 226 and 227 of the Constitution (of India), and thus is required to be ratified by half the
State Legislatures in accordance with Article 368(2) of the Constitution (of India). As it has
1
Ravi S. Naik v. Union of India, AIR 1994 SC 1558
2
Constitution of India
3
The Constitution (Fifty-second Amendment) Act, 1985
4
Kihoto Hollohan v. Zachilhu, AIR 1993 SC 412; cited in M. P. JAIN, INDIAN
on grounds of defection
Paragraph 2(b) of Tenth Schedule states that a member of the House belonging to any
political party shall be disqualified for being a member of the House, if he votes in such
House contrary to any direction issued by the political party to which he belongs, without
obtaining, the prior permission of such political party, and such voting has not been condoned
by such political party within fifteen days from the date of such voting.6
The Supreme Court in Kihoto Hollohan7 has adopted a restrictive view of the ‘direction’
issued by a political party “the violation of which may entail disqualification”. 8 With
relevance to the current facts, such direction should pertain to matters where “the motion
under consideration relates to a matter which is an integral policy of the political party on the
The forementioned provisions become relevant when considering the fact that the central
leadership of the Peace Party had asked the members to support the Party in all its policies. 10
Keeping in mind the aforementioned case and the fact that the Gajsthan (Tax and other
Exemptions) Bill, 202011 introduced by the Peace Party was integral to the policies and ideals
of the party and the basis on which it approached the electorate, it can be concluded that the
party had issued a direction to all its members. The dissenting members, voting against such
6
Para 2(b), Tenth Schedule, Constitution of India.
7
Kihoto Hollohan v. Zachilhu, AIR 1993 SC 412
8
M. P. JAIN, INDIAN CONSTITUTIONAL LAW 47(LexisNexis, 8th ed. , 2018)
9
Kihoto Hollohan v. Zachilhu, AIR 1993 SC 412; cited in M. P. JAIN, INDIAN
II. WHETHER OR NOT DOES THE GOVERNOR HAVE THE AUTHORITY TO DIRECT
12
Proposition, The First Year Intra-Batch Moot Court Competition, 2020-21, para. 11.