“I will soon hold consultations with party leaders to call CA meeting to inform lawmakers of the apex court´s verdict,” said CA Chairman Subas Nembang. [break]
In the full text verdict forwarded to the CA secretariat, the apex court has said Gupta can no longer enjoy his position as a CA member as he was not appointed by the “cabinet through consensus” as per the Article 63 (3) C of Interim Constitution 2063.
A division bench of justices Bala Ram KC and Bharat Raj Upreti had directed CA secretariat to scrap the CA membership of Gupta.
The cabinet had appointed Gupta as a CA member on July 4, 2008, though NSP (Anandidevi) had recommended Khushilal Mandal for the post. The apex court said the cabinet decision is no longer valid as the cabinet has no authority to go against the recommendation of the party.
As per the Article 63 (C) of the Interim Constitution, the Cabinet can nominate 26 members in the CA through political consensus.
Mandal had moved the apex court challenging the cabinet decision to give official status to Gupta-led NSP.
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