KATHMANDU, July 2: The Supreme Court (SC) is delivering its verdict today (Wednesday) on the writ petitions filed against the appointment of 52 officials in various constitutional bodies. On May 16, the bench held the final hearing and had scheduled the verdict for June 11.
On that day, a constitutional bench comprising Chief Justice Prakash Man Singh Raut and Justices Sapana Pradhan Malla, Manoj Sharma, Kumal Chudal, and Nahakul Subedi had conducted the hearing on the writ petitions against the officials and scheduled the verdict for July 2. Accordingly, the decision is expected to be announced today.
After continuous hearings in recent times, the four-year-old dispute has finally reached the stage of a verdict. Four years ago, when KP Sharma Oli was the Prime Minister, 52 individuals were appointed—on two occasions—to various constitutional commissions, including the Commission for the Investigation of Abuse of Authority (CIAA).
Government’s failure to adhere to constitutional requirements d...
Claiming that the appointments were unlawful, advocate Om Prakash Aryal filed the first writ petition on December 16, 2020. Fourteen other petitions were filed on the same issue. All the petitions were heard together.
Due to internal disputes between the former UML and Maoist Centre factions within the then-ruling Nepal Communist Party (NCP), the Constitutional Council had not been able to convene for a long time. As per the constitutional provision, the Council comprises the PM as Chairperson, and the Chief Justice, Speaker and Deputy Speaker of the House of Representatives, Chairperson of the National Assembly, and the Leader of the Opposition as members.
The then Speaker Agni Prasad Sapkota and the Leader of the Opposition, Nepali Congress President Sher Bahadur Deuba, did not attend the meetings. The post of Deputy Speaker was vacant. Sapkota belonged to the Maoist Center.
Section 6 of the Constitutional Council Act, 2066 BS, states that a meeting can be held only in the presence of the Chairperson and at least four other members, and that decisions must be passed unanimously. However, the Oli-led government amended that section through an ordinance, allowing meetings to be held with a majority of the currently serving members, including the Chairperson, and for decisions to be made by a majority of those present, including the Chairperson.
Similarly, in April 2021, the Constitutional Council’s Chairperson (then PM Oli) and two members (then National Assembly Chairperson Ganesh Prasad Timilsina and then Chief Justice Cholendra Shamsher Jabara) held a meeting and made recommendations for appointments to various constitutional bodies. The individuals recommended in this manner were appointed without parliamentary hearings.
