Lawsuit: Adjourned Dusty_3 vs Government of Stratham

Status
Not open for further replies.

Dusty_3

Citizen
Banned
Lawyer
Donator
Dusty_3
Dusty_3
Lawyer
In The Distinguished Court of The Stratham Republic
CIVIL ACTION
Date: 03/14/22


Dusty_3

v.

Government of Stratham

I. Description of Case
The Plaintiff brings forth the following causes of action and alleges the following against the Defendant:

Jemizzy was elected to Parliament without meeting the Constitutional Requirements to run for Parliament. The Constitution states "Any citizen may run for Parliament as long as they meet the baseline requirements of; Being active in-game, forums, and discord. Inactivity is defined as being off of the server for at least 2 weeks."

Jemizzy was not active on discord during the election, as he had not joined the Discord until 3 hours ago (evidence 1). As the DoS did not do their job in regards to removing candidates, who don't meet the requirements, on the ballot, I ask that the court remove the unconstitutionally elected Member of Parliament from office and consider any of their Parliamentary decisions to be invalid.

II. Parties
1. Dusty_3
2. Jemizzy
3. Department of State

III. Sequence of Events
1. Jemizzy ran for public office without meeting the requirements of being on the BC discord.
2. The DoS chose to keep Jemizzy on the ballot, despite not meeting the constitutional requirements.
3. Jemizzy is now an elected member of Parliament, however, not constitutionally elected.

IV. Claims for Relief
1. Jemizzy, as well as the DoS's decision (or perhaps indecision), are in violation of section 2 of the constitution.

V. Damages
1. Remove Jemizzy from Parliament.
2. Any action taken by the unconstitutional MP is to be reversed and deemed invalid. Using the courts power of Judicial review.

Evidence 1
1647219061128.png
1647219086782.png
 

P. Hunter

Chief Justice
Chief Justice
Justice
Judge
Department of Internal Development
Department of Construction
Lawyer
Donator
poemhunter
poemhunter
Chief Justice
Right,

This case is now open as a judicial review into an alleged constitutional and the courts will reposed shortly.

 

P. Hunter

Chief Justice
Chief Justice
Justice
Judge
Department of Internal Development
Department of Construction
Lawyer
Donator
poemhunter
poemhunter
Chief Justice
Right,

in regards to section two there is a clear violation that cannot be disputed, Jemizzy did not meet part of the requirement to run for office as per section 2 of the constitution and therefore cannot sit and a member of parliament. The court believes that Jemizzy should be removed without question as they should never have been on the ballot.

On my second point, I think the breach does not solely lie with jemizzy, most at fault is the DOS, their constitutional responsibility is to manage the election process, this includes vetting all candidates making sure they are fit to run for office. Jemizzy through no thought of their own is not to blame for there allowance to remain on the ballot and subsequently sworn in under false pretences.

That will be all.

Case Adjourned

Court Adjourned

This case was presided by Judge poemhunter
 
Status
Not open for further replies.
Top