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Advocate
MOOT COURT CASE

WRIT PETITION

SAGAR

VERSUS

UNION OF INDIA

HARSHALADEVI PRATP KAMBLE
THIRD YEAR LLB
DIV: A ROLL NO.: 27

INDEX

Sr. No.
Particulars
1
Table of Contents
2
Statement of Authority
3
Statement of Jurisdiction
4
Statement of Facts
5
Questions of Law
6
Arguments
7
Prayer
1. TABLE OF CONTENTS

Sr. No.
Particulars
Information
1
Case Type
WRIT PETITION
2
Case Name
Sagar
v/s Union of India
3
Name of Applicable Act
Constitution of India
Representation of Peoples Act
4
Petitioner
Sagar
5
Respondent
Union of India
6
Authority
1. Election Commission, India v. Saka Venkata Rao (AIR 1953 SC 210)
2. Shri Manni Lal v. Shri Parmal Lal and Others [(1970) 2 SCC 462]
3. B.R. Kapur v. State of T.N. and Another [(2001) 7 SCC 231]
4. K. Prabhakaran v. P. Jayarajan etc. [(2005) 1 SCC 754]
5. Navjot Singh Sidhu v. State of Punjab and Another ([2007) 2 SCC 574]

2.STATEMENT OF AUTHORITY

As aforementioned

3. STATEMENT OF JURISDICTION

Article 226 & 227 of the Constitution of India

4. STATEMENT OF FACTS

1. Petitioner is Social Activist and does not have any personal interest in the subject matter of the present Writ Petition and seeks to challenge the constitutionality of the provisions of the Act.

2. In the year 1951 Parliament of India enacted The Representation of Peoples Act, 1951.

3. In the year 1989 Parliament of India inserted Section 8 (4) by way of amendment in the Representation of Peoples Act, 1951 it kept in abeyance the disqualification of the member of the Parliament / Legislative Assembly who has been convicted by the Court, till his appeal is finally disposed of by the competent court.

4. By way of present Writ Petition the Petitioner is seeking declaration of Section 8 (4) of the RP Act 1951, as invalid and ultra virus of the constitutional.

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