Citing conflict of interest, Justice Karki has he would not preside over the hearings as former President of Nepal Bar Association (NBA) Shambhu Thapa would plead on behalf of the writ petitioner. Thapa and Justice Karki had worked together in the same law firm before the latter was appointed as SC justice. [break]
Though Karki on June 4 had made it clear that he would not preside over the hearing on the issue, hearings on the petition has been scheduled twice in the division benches comprising Karki.
According to the writ petitioner advocate Om Prakash Aryal, the first hearing was scheduled for June 4 in a division bench of Justices Girish Chandra Lal and Karki and second hearing was scheduled for June 16 in the same bench. Third hearing was scheduled for Sunday in a division bench of justices Baidyanath Upadhyaya and Karki.
Earlier, hearings scheduled for May 24 in a division bench of Justices Upadhyaya and Gyanendra Bahadur Karki was deferred for June 4.
A single bench of Justice Ram Kumar Prasad Shah on May 15 had issued a show cause notice against the appointment of Karki and had also called the writ petitioner and the defendants on May 24 for discussion on whether or not the apex court should issue a stay order against the appointment as demanded by the petitioner.
When asked about the development, former SC Justice Balram KC stated that there might be lack of coordination between the chief justice [now the acting CJ], who finalizes daily cause list, and the SC section that prepares daily cause lists.
Constitutional expert Bhimarjun Acharya said, “First it may be because of insufficient numbers of justices at SC. Second, it may be because of judicial oversight or human error.”
Advocate Aryal on May 12 had moved the apex court demanding annulment of the Constitutional Council (CC)´s decision to appoint Karki. The president´s office, Chairman of the Interim Election Council Khil Raj Regmi, CC, CIAA and Karki have been made defendants in the writ petition.
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