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Sr. No. Exhs. Particulars Page No 1 ----- Synopsis 2 2 ----- Memo of Appeal 8 3 ‘A’ Copy of impugned Last Page----
Sr. No. Date(s) Event 1 ----- State of Gulmohar is one of the richest states in Sapota, and is ruled by the Gulmohar Rashtra Party (GRP) with Ms. Azhilu as the Chief Minister.
6 30/06/2021 The Gulmohar (Promotion and Protection of Gulmohari) Bill, 2021 (hereinafter referred to as “the bill”) was presented in the Assembly and seeing opposition within the party, the CM introduced it as a money bill and the same was certified by the speaker. A whip was issued by the GRP to its members to vote in favour of the bill, but Mr. Giduga and 30 members voted against the bill. However, the 31 votes were invalidated because of the whip and they were disqualified as MLAs. The bill was passed with a margin of 143 to 125. 7 ---- The bill was challenged in the High Court of Gulmohar by Mr. Gidunga on the ground that it is against the Constitution of Sapota, specifically in the context of the requirement for private enterprises to give preference to native Gulmoharis in employment.
8 ---- Ms. Azhilu resigned and asked for fresh elections to be called, seeking a fresh mandate from the people of Gulmohar. Following announcement of elections, the disqualified members of the GRP formed the Sapota Bachao Party (SBP). 9 --- The results were declared and GRP did not win a majority. Within 24 hrs of the results Ms. Azhila became the leader of GRP, MR. Giduga became the leader of SBP and Mr. Ka’age, the leader of People’s Party of Sapota. Simultaneously, Mr. Giduga and Mr. Ka’age (leader of the People’s Party of Sapota or “PPS”) announced that they had formed a post-poll alliance. 10 --- Ms Azhilu met the governor (Ms. Bekku) expecting her to invite her to form the government and prove her majority. But the governor denied stating that she would wait for more developments,
1. Civil Procedural Code 2. Sapotian Evidence Act 3. Constitution of Sapota :AUTHORITIES TO BE CITED: Nill at present Date: 02 - 05 - 2022 Saptadip Nandi Chowdhury Advocate for Petitioners
Gulmohar Rashtra Party (hereinafter, referred to as “GRP”). The party had 174 seats out of a total of 300 in the Gulmohar Legislative Assembly. c) In May 2021, many civil society organizations in Gulmohar came together to hold the largest demonstration ever seen in the history of the State. The gathering was held to demand that the Government of Gulmohar take measures to safeguard the Gulmohari language and the Gulmohari speaking people from “being swamped by outsiders”. The most prominent of all demands made to the Chief Minister was that 65% of all government and private sector jobs in the State should be reserved for Gulmohari speaking people. Ms Azhilu agreed to introduce a Bill to this effect in the State Assembly. d) The petitioner states that the CM Ms. Azhilu on June 30th, 2021 presented the bill in the State Legislature.
c. Any private enterprise with less than 65% of “native Gulmoharis” on their rolls in a given year were to pay a fine of 1% of their annual turnover for every 1% they are short of 65% (E.g., a firm with only 50% of “native Gulmohari” workers would be fined 15% of its annual turnover). d. A “native Gulmohari” was defined as one who: i. Had studied in the Gulmohari language for a period of ten years; or ii. One of whose parents had been born in Gulmohar; or iii. Both of whose parents had studied in the Gulmohari language for a period of ten year each. e) The petitioner states that Ms. Azhilu introduced the Bill as a Money Bill and the same was certified by the
Speaker as a “Money Bill”. A three-line whip had been issued by the GRP to its members to vote in favour of the Bill, but the petitioner and 30 other GRP members voted against it in an effort to defeat it. However, their votes were automatically invalidated and they were disqualified as MLAs for voting against the whip. The Bill, however, passed with a margin of 143 to 125 was signed into law by the Governor thereafter.
Gulmohar (Promotion and Protection of Gulmohari) Act, 2021 along with the present case at an early date.
