MOOT PROBLEM - IV

Kelangana Development Party (KDP) is a regional political party established in the state
of Ujwal Pradesh. National Front (a coalition of various political parties) is in power at
the Centre and KDP is an ally of National Front. Mr. Raghu Dev and Ms. Prem Kumari
are the political leaders of the said party. Both were charge-sheeted and convicted under
The Prevention of Corruption Act, 1988, and were imprisoned for 3 years and 5 years
respectively on 31st December 2010. They filed an appeal on 2nd January 2011in the High
Court of Ujwal Pradesh against the conviction. While the appeal was pending in the High
Court, both of them filed mercy petition before the Governor under Article 161 of the
Constitution of India for the Pardon and Remission of the said punishment on 5th January
2011. As a result both the leaders were disqualified from contesting the election under
Section 8 of The Representation of the People Act, 1951. The general election for the
State Assembly was declared to be held on 31st March 2011 and the nomination form for
this election was to be filed up to 15th March 2011. During the pendency of the mercy
petition, both the leaders filed an application before the Election Commission of India on
15th February 2011 for waving the period of disqualification.

The Election Commission did not respond to the application. As a consequence, one of
the political leaders Mr. Raghu Dev decided not to file a nomination, whereas Ms. Prem
Kumari filed the application to contest the election, which was not rejected by the
Election Commission.
On 3rd April 2011, the Governor of the State decided to remit the imprisonment of Ms.
Prem Kumari and to pardon the conviction of Mr. Raghu Dev.
The result of the general election was declared on 5th April 2011. KDP won the election
by 2/3rd majority and elected Mr. Raghu Dev as a leader of the Party on 7th April 2011.
The Governor of the State Mr. Premanand invited Mr. Raghu Dev as a Chief Minister to
form the government. Mr. Raghu Dev became the Chief Minister. Ms. Prem Kumari was

also elected as a Member of Legislative Assembly and appointed as the Minister of Home
Affairs.

The leader of opposition filed an application before the Speaker to disqualify Ms. Prem
Kumari under Article 191 and the Speaker on 12th April 2011 referred the matter to the
Governor under Article 192 for his final decision. The Governor did not refer the matter
to the Election Commission till 31st November 2011.
An NGO People for Constitutional Rights (PCR) filed a writ petition in the High Court
of Ujawal Pradesh challenging the appointment of Mr. Raghu Dev and Ms. Prem Kumari
and the exercise of the pardoning power of the Governor under Article 161 on 10 th April
2011.
On 3rd December 2011, PCR filed another writ petition in the High Court of Ujwal
Pradesh under Article 226 against the Governor of the State to issue the writ of
mandamus for referring the matter to the Election Commission.

The High Court clubbed all the petitions together and called for the Final hearing.