IN THE SUPREME COURT OF MAURITIUS In the matter of: 1. Sachidhanand REEKHAYE, a Director of a Private Limited Company, residing at Ashoka Road, Amaury, in the Constituency no.7 Piton / Riviére Du Rempart, bearing Mauritian Identity Card Number 2707661104275. 2.Hon.Patrice Kursley Armance, Member of Parliament for Constituency no.1 Grand River North ‘West and Port-Louis West, President of the Youth Wing of the Parti Mauricien Social Democrate (PMSD),residing at 35 Avenue Narcisse, Pointe Aux Sable, bearing Mauritian Identity Card Number G300380301567G. PLAINTIFFS v ‘The Rt Hon Sir Anerood JUGNAUTH, GCSK, KCMG, QC Minister Mentor, Minister of Defence, Minister for Rodrigues, Member of Parliament for Constituency No.7, Piton/Riviere du Rempartiffrvice to be effected at his residence at La Caverne, @icoas. é = DEFENDANT And in the presence of: ‘Ore va SIT1, The Honourable Attorney General, of 6th Floor Renganaden Seeneevassen Building Port Louis. 2. The State of Mauritius service to be effected on the Attorney General service to be effected at 6 Floor Renganaden Seencevassen Building Port Louis CO - DEFENDANTS PLAINT WITH SUMMONS ‘The Background 1. The Plaintiff no.1 is registered as an elector for Constituency no.7 Piton / Riviére Du Rempart, pursuant to the provisions of the Representation of the People Act. The Plaintiff no. 1 further avers that he voted for the Defendant on the basis that the Defendant would serve as Member of Parliament for Constituency no.7, as well as, the Prime Minister of ‘Mauritius for the duration of his mandate, in the event that the Defendant were to be elected and that his political alliance would obtain the required majority to form a government. 2. The Plaintiff no.2 who is presently member of Parliament for Constituency no.1 Grand River North West and Port-Louis West and President of the Youth Wing of the Parti Mauricien Social Democrate’ (PMSD), a major political Party and the main Opposition Party. The Plaintiff no.2 further avers that he stood as candidate for the Alliance Lepep under the leadership of the Defendant on the basis that the Defendant would serve as Prime Minister for the duration of his mandate, in the event the Defendant were to be elected 2and that hie political alliance would obtain the required majority to form a government, . In December, 2014, the PMSD along with two other political parties, namely (i) the ‘Mouvement Socialiste Mauricien’ (MSM) and (i) the ‘Mouvement Liberater’ (ML) formed an alliance registered for the purposes of the 2014 General Elections as ‘Alliance Lepep’. . In the course of its campaign for the 2014 general elections “L’Alliance Lepep” designated the defendant as the Leader of the ‘Alliance Lepep’ to be the ‘incoming Prime Minister’ in case “L'Alliance Lepep’ would win the said 2014 general elections. . The V’Alliance Lepep presented 60 candidates including the defendant as Leader of the Alliance Lepep and the designated Prime Minister in this Alliance. . Following the general elections, a three-quarter majority of Members of Parliament was obtained by the said l’Alliance Lepep and the defendant was elected to represent Constituency No.7 Piton/Riviere du Rempart as its first elected Member of Parliament. Subsequently, His Excellency the then President of the Republic appointed the defendant as Prime Minister for the Republic of Mauritius. . On 19 December, 2016, the elected Members of Parliament, coming from the PMSD left the Government and alliance Lepep’ and the PMSD is now the mejor opposition party in Parliament. The current Leader of the Opposition,Honourable Charles Gaetan Xavier-Luc Duval, comes from the rank of the PMSD. The latter is also Leader of the PMSD. 9.In an official and public message which was widely broadcasted on Television by the Mauritius Broadcasting Corporation on the 21st of January 2017, the Defendant in his capacity as Prime Minister of the Republic of Mauritius announced that he shall be resigning as Prime Minister, and that his son Honourable Pravind Kumar Jugnauth shall become the next Prime Minister. Defendant further stated that he shall become a Minister Mentor and that he shall be part of the newly constituted Cabinet, 10. On the 23" of January 2017, the defendant tendered his resignation as Prime-Minister and on the very same day that is on the 23rd of January 2017, Hon. Pravind Kumar Jugnauth was appointed Prime Minister of the Republic of Mauritius and formed his new cabinet. The Defendant was amongst one of the Ministers appcinted, and was called upon to occupy the third position in the Cabinet hierarchy. He was thus appointed as Minister Mentor, Minister of Rodrigues and Defence. Constitutional breaches: Plaintiffs aver that : 11. The Defendant has breached the very fundamentals of the Constitution, whilst claiming to be still a Member of Parliament and remaining in the cabinet and still being part of the Executive despite of the fact that he has submitted his resignation as Prime Minister of the Republic of Mauritius. 12, By submitting his resignation as Prime Minister of the Republic of Mauritius, the defendant is deemed to have submitted his resignation as Member of Parliament for constituency no.7, the more so as section 60 (3) of the Constitution stipulates that ‘The office of Prime Minister or any other Minister shall become vaccnt-(a) where he ceasesto be a member of the Assembly otherwise than by reason of @ dissolution of Parliament; or (b) where, at the first sitting of the Assembly after any general election, he is not a member of the Assembly.’ 13. Thus, the office of the Prime Minister of the Republic of Mauritius can only be vacant pursuant to Section 60(3) of the Constitution. 14. The resignation of the Defendant as Prime Minister of the Republic of Mauritius should be construed as the Defendant's resignation as Member of Parliament for constituency no. 7 also. 15, Defendant was occupying one of the most important function as provided under Chapter VI of the Constitution ~ The Executive. The post of Prime Minister as enshrined, is the person who recommends to the President for the appointment of 24 Ministers who together with him form the Cabinet. The importance attached to the function of Prime Minister is such that only through legitimate mandate, whereby the people of Mauritius are called upon to vote every five years, that a political alliance or a political party would designate before the holding of an election, their candidate for the post of Prime Minister which is in contrast, with the office of the Leader of the Opposition. People do not vote for a Leader of the Opposition. 16. Plaintiffs aver that the appointment of Defendant as Minister Mentor, Minister of Rodrigues and Minister of Defence is invalid, unconstitutional and in breach of sections 1, 59(3), 60 (3) of the Constitution, the moreso as the resignation of the Defendant is deemed to be his resignation as a Member of Parliament for the constituency no.7 as Prime Minister and therefore his appointment as Minister Mentor, Minister of Rodrigues and Minister of Defence should be declared null and void.PRAYERS. 17. Plaintiffs therefore pray from the above Court for a declaration to the effect that: (A)The Defendant's resignation from the Office of Prime Minister shall be deemed and construed to be his resignation as Member of Parliament for constituency 10.7; (B) The appointment of the Defendant as Minister Mentor, Minister of Rodrigues and = Minister. of Defence is unconstitutional in breach of sections 1, '59(3), 60(3) and 63(1) and as such invalid, mull and void to all intents and purposes; (C) The Defendant therefore can no longer be part of the Executive and Defendant's seat as a Member of Parliament should be declared vacant. You, the abovenamed Defendant and Co-Defendants are hereby required, called upon and summoned to be and sppeat, befpre / the | Supreme Court of | Mauritius on..f6. wc, 2017 at 9,30 a.m to answer the present Plaint with Summons. ‘TAKE NOTICE that the Plaintiff electing his legal domicile in the office of the undersigned Attorney at law, intends to adduce in evidence at the hearing of the above matter and on any other day or days to which the matter may be postponed, the relevant document which can be inspectedby you, your Attormey or agent at the office of the undersigned Attorney at Law during office hours and you are hereby required to admit that such document a3 is specified to be original is true original, that such as is specified to be extract is true extract and that such as is specified to be copy is a true copy and has been written, signed and executed as it purports to have been, saving all. just exceptions as to the admissibility of the said document as evidence in the above matter. AND TAKE FURTHER NOTICE YOU, the hereuncernamed Defendant, that in case you fail to appear or be represented, may result in the Court delivering judgment against you in favour of the Plaintiff in terms of the plaint. Issued by the Plaintiffs above-named and styled at the domicile elected by it in the office of the undersigned Attorney at Law situate at 4* Floor Astor Court, Port Louis. Under all legal reservations Dated at Port Louis, this 15" February 2017 Cras Of 4% Floor, Astor Court, Port Louis ATTORNEY FOR THE PLAINTIFF INSTRUCTING Me K. LOBINE, A PEEROO, R MOOROOGAPILLAY, TTEELUCKDHARRY AND A DUVAL OF COUNS! ‘To The Defendant and Co ~ Defendants above named.