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formal petition for a stay of election

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gvh
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ENADIAN UNION

Unread post Tue Dec 26, 2017 4:57 pm

Members of the High Court of the Enadian Union;

As a member state of this union, the Greater Vakolicci Haven wishes to petition the court for a stay of election, in accordance with sub-section 3 of section 2 of article 3 of the Constitution of the Enadian Union.

For reference, I shall quote the article in question before I begin:

Ṩ.2 §.3 The President may dismiss Cabinet members at his discretion, keeping in accordance with article two section four. Upon dismissal or vacancy, the President is required to submit nominations for said position to the Cabinet for consideration, and approval from the Speaker of Parliament is required to pass appointment.

Part I: Election of minister of defence, breech of art. 3.2.3
5 days ago, the president nominated a representative from Greater Vakolicci Haven to serve in the position of minister of defence of the Enadian Union, without notifying this representative of an end to the time he would be serving. This approval was voted in with consultation of the cabinet, and met all necisary legal requirements. At this point, the minister of defence gained the rights of ministers of the Enadian Union.
To remove the minister of defence, formal dismissal notice must be served on him: I can confirm that no such notice was ever served. For one to be served, charges of overreach of power or of misrepresenting the Enadian Union must be formally announced by the president: no such charges were announced. Therefore, I submit to the court that:
(A) The President nominated, and the cabinet approved, a minister of defence in accordance with subsection 3 of section 2 of article 3 of the Constitution.
(B) The subsequent election for the position of minister of defence is unconstitutional.

Part B: Election of Vice president, breech of art. 3.2.3

Following the vacation of office by the previous holder of the title of 'vice president,' the president was obliged to nominate a replacement in order to fill the vacancy. The constitution makes no mention of the President being entitled to call an election to fill the vacancy. As in the previous case, the president has breeched art. 3.2.3 in his calling of an election.

I hold that:
(A) The president was required to appoint a successor to fill the post of vice president,
(B) This procedure was not followed
and so;
(C) The election for a new Vice President is unconstitutional.
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ENADIAN UNION

Unread post Wed Jan 10, 2018 9:46 am

Ṩ.2 §.3 The President may dismiss Cabinet members at his discretion, keeping in accordance with article two section four. Upon dismissal or vacancy, the President is required to submit nominations for said position to the Cabinet for consideration, and approval from the Speaker of Parliament is required to pass appointment.

Did NZR Speaker approve the appointment - If so the court will need some evidence of this. Namely a copy paste of the agreement from the date and time it was approved.
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