Post by Dame Litz Cjantscheir, UrN on Oct 25, 2015 9:40:48 GMT -6
The Uppermost Cort
&
S:reu Nicholas Hayes, MC, B.A
Plaintiff,
vs.
S:reu M.T. Patritz de Bondieu, MC
&
S:reu Breneir Itravilatx, MC
Defendant,
Case No.: No. [case number]
Petition for Injunction
We, the Plaintiffs, do hereby present to this august Court a challenge to the election of el Túischac'h held from October 2nd 2015 to October 22nd 2015 and ask for a number of orders be made thereof:-
Background:
On the 2nd October 2015, the defendant, S:reu Breneir Itravilatx, MC started a vote to elect el Túischac'h (http://talossa.proboards.com/thread/11002/tuischach-vote) which was exclusively held on Wittenberg, a privately owned online messaging board.
On the 22nd October 2015, voting for el Túischac'h, was without prior notice closed and S:reu M.T. Patritz de Bondieu, MC was declared elected as el Túischac'h
The Facts & The Law:
We, the Plaintiffs, do hereby contend that the election for el Túischac'h, held between the 2nd and 22nd of October 2015 is invalid, unlawful and should be declared null and void based upon the following:
1) All MCs were not informed
i. In order for a vote/election to be valid all those eligible to vote in the election/vote must be notified of the upcoming vote and afforded every opportunity to vote in said. The defendants failed to take all reasonable measures and steps to conduct the election for el Túischac'h in a fair and open manner, but not notifying all MCs of the vote.
ii. S:reu Itravilatx failed to notify in good time all Members of the Cosa (MCs) of this vote in accordance with long standing precedence and tradition. Therefore, the plaintiffs were unaware that a vote for el Túischac'h was taking place and thus through the inaction(s) of the defendants, who failed to take all reasonable measures to adequately notify all members of the vote (e.g. send an email etc…) and to follow due process, denied the plaintiffs and other MCs the opportunity to vote in the Cosa.
iii. It has been a long standing tradition, given the busy and sometimes unpredictable lives of MCs that MCs be notified of all Cosa votes by email. This is further cemented by the fact that the Clark is emailed to all MCs and not merely posted to the Kingdom’s website or on Witt. Thus, MCs have a legitimate expectation that they be notified in good time of any Cosa vote (in Clark cycle or out) by email to their registered email address. The defendants failed to notify MCs in accordance to these well established precedence.
iv. There is no lawful obligation placed upon MCs to check a privately owned messaging board (Wittenberg) for Cosa votes, whilst it forms a place of convenience to which MCs to gather it holds no lawful status and notice placed solely upon it cannot lawful be interpreted as notice to all MCs.
v. It has been an accepted and long standing practice and precedence in the Kingdom of Talossa that the onus is on the person(s) conducting the vote notify all those eligible to vote in the election that an election is taking place, this is clearly demonstrated in General Elections, Provincial Elections, Senatorial Elections etc... This Cort cannot allow a precedence of notice on a private message board to be classed as notice as this will unlawfully and unduly disenfranchise a vast number of citizens of the Kingdom and deny them their lawful vote. The Kingdom is by the OrgLaw not an online messaging board and the Cort cannot allow it to inorganically become one.
vi. We, the Plaintiffs, therefore contend that vote is unjust, unlawful and invalid and sets a deadly precedence wherein the vote conductor does not need to notify MCs of a vote and a simple post on Wittenberg constitutes notice, therefore disenfranchising MCs who are not regular nor lawfully obliged visitors to Wiitenberg.
2) There was no deadline given on the vote nor notice given that the vote was going to close
i. The defendants gave no deadline for the closing of the vote for the election of el Túischac'h:
If this is deemed inorganic then I will cease immediately but if not we must move forward as the Secretary of State has failed to schedule the vote.
There are two candidates for Tuischac'h:
Sir Alexandreu Davinescu
M.T. Patritz de Bondieu
As a member of the Cosa, I hereby cast my vote for S:reu de Bondieu
*Apologies for any name misspellings
- Breneir Itravilatx, talossa.proboards.com/post/136762
There are two candidates for Tuischac'h:
Sir Alexandreu Davinescu
M.T. Patritz de Bondieu
As a member of the Cosa, I hereby cast my vote for S:reu de Bondieu
*Apologies for any name misspellings
- Breneir Itravilatx, talossa.proboards.com/post/136762
ii. Furthermore before the defendants closed the voting on the 22nd October 2015 he gave no prior notice or warning that the vote was coming to a close.
iii. By not giving a deadline in his initial post and leaving the vote open, S:reu Itravilatx by his actions implied that the vote must be kept open till all MCs had voted or indicated their intention not to vote ,e.g. abstain.
iv. If S:reu Itravilatx made a genuine error in omitting the deadline in the initial post opening the vote, he made no effort to correct this and give notice to MCs who were still trying to make up their minds and weighing up their options to vote before the closing of the vote. By doing so, he intentionally or unintentionally disenfranchised MCs who were unaware of the imminent closing of the polls.
v. The plaintiffs contend that in order for a vote to be valid it must have a clearly defined deadline date and time, as is a long standing requirement of all votes held in the Kingdom of Talossa. If a deadline is omitted by genuine human error or otherwise, then the vote conductor must correct this at the earliest opportunity or give adequate notice, via established means, to all voters that the vote is about to close to give them the opportunity to vote on time and before the deadline.
vi. We, further contend that a vote given closed before all MCs could vote, without a deadline or adequate notice that the vote is about to close is unjust, unlawful and invalid and sets a deadly precedence wherein a vote conductor can at whim and unilaterally close polls when the results suit him/her.
Relief Sought:
1. That an injunction be immediately and in the interim issued against S:reu M.T. Patritz de Bondieu, MC, el Túischac'h enjoining him and his agent(s) from performing any function of the Office of el Túischac'h until this matter has been resolved.
2. An order declaring that the election of el Túischac'h held from the 2nd October 2015 – 22nd October 2015 is invalid and unlawful.
3. An order to instruct the Secretary of State or any person(s) that the Cort deems fit to conduct an election for el Túischac'h as soon as possible and such election to be held within the long established precedent.
Signed and submitted, this day the 25th of October 2015 before the Justices of the Uppermost Cort.
For & on behalf of the Plaintiffs,
Dame Litz Cjantscheir
CJVSET.pdf (123.75 KB)