MOOT COURT PROBLEM State of Udayasthan is a State in Union of India, election to the 240 seats of the State Legislative

Assembly took place on 24th August, 2009. On 26th August, 2009 Election Commission notified the elected members of the Legislative Assembly. The following is the party position and position of independents of the Legislative Assembly. Rashtriya Congress Party (RCP):Democratic Socialist Congress (DSC):Peoples Socialist Party (PSP):Udhayasthan Democratic Party (UDP):Udayasthan Rashtriya Dal (URD):Independents: 84 seats; 71 seats; 47 seats; 17 seats; 14 seats; 7 seats.

Governor of Udayasthan invited RCPs leader Veera Ramabhadra Singh to form the Government, which has been rejected by RCP declaring that, they are not in a position to form the Government. DSC claimed the support of the majority MLAs by forming a post poll alliance under the banner Udayasthan Rashtriya Forum (URF). URF consists of DSC, UDP and

URD. Under the leadership of Jeevan Prasad Ram, leader of DSC, leaders of URF approached the Governor and claimed the majority by handing over the letters of MLAs of URF and PSP to form the new Government. Governor invited Jeevan Prasad Ram to form the Government and on 14th September 2009 Jeevan Prasad Ram was sworn in as Chief Minister along with 24 Minsters and formed the new Government. DSC got 10 Ministers, whereas 4 Ministers are from UDP and 3 are from URD. All independent MLAs were

also made as Ministers. PSP supported the Jeevan Prasad Ram Government without joining the Government. On 28th September 2009 Jeevan Prasad Ram proved majority before the Legislative Assembly. Ashok Singh Vishwasi of PSP was elected as the Speaker of the Legislative Assembly. 14th October 2009 Jeevan Prasad Ram Government was expanded by inducting 10 MLAs of PSP as Ministers. PSP asked these MLAs not to join the Government, whereas 23 MLAs of PSP claimed that there is a split in the party and they formed a new party naming itself as Socialist Janata Party (SJP) 8 MLAs of UDP and 6 MLAs of URD also declared that they have joined with SJP. SJP declared that it will support the Jeevan Prasad Ram Government. PSP leader sent a letter to Governor and informed about withdrawal of the support to the Government. Speaker disqualified these 10 MLAs of PSP, who joined the Government and also disqualified 8 MLAs of UDP and 6 MLAs of URD who joined with SJP. Speakers order has been challenged by these MLAs before the Supreme Court. Governor sends a report to President stating that Jeevan Prasad Ram Government lost majority and there is horse trading in the State. On 23rd October Jeevan Prasad Ram Government was dismissed and presidential rule has been imposed in State of Udhayasthan. Both the houses of Parliament accepted the Presidential Rule. Jeevan Prasad Ram approached the High Court of Udhayasthan and High Court stayed the dissolution of the Legislative Assembly. Appeal has been preferred by Union of India. On 19th October Parliament passed amendments and included Article 356(d) whereby it was stipulated that the number of ministers in a Government

should not exceed more than 10% of the total membership of the State Legislative Assembly and made non compliance of this Article as a ground for invoking Article 356. Amendment to Article 356 also added Article 356(e), barring the power of Judicial Review of High Court. The Amendment Act has been put into the 9th Schedule of the Constitution. The amendment has been challenged by Jeevan Prasad Ram before the Supreme Court. Janardhan Anand, Jyothish Raj and Manjula Shubangini MLAs of URD also filed a petition before Supreme Court challenging the Constitutional Validity of the Amendment as violative of their Fundamental Rights. Supreme Court clubbed all these cases and posted for final hearing.