Citing article 63 of the Interim Constitution which only relates to the CA elections held in 2008, the petition lodged by advocate Santosh Basnet claims that the same provision cannot be used to call another CA election.[break]
The petition pinpoints Article 63 (7), which stipulates voting rights to those who completed 18 years by the end of Mangsir, 2063 BS, to uphold its claim.
"The prime minister arbitrarily declared the election date -- November 22, 2012 -- even without amending the Interim Constitution," said the petition which seeks necessary order from the SC to invalidate the decision.
The petition has been lodged at a time when the government´s decision declared in the last hour of May 27. The decision, which followed the failure of the 601-member CA to promulgate the new constitution despite four years´ term featuring repeated extension, seemingly abided by the apex court´s November 25 verdict.
The November 25 verdict says fresh mandate shall be sought in case the CA fails to promulgate the new constitution by May 27 deadline.
Basnet´s petition claims that no new elections would be possible given the existing status of the Interim Constitution.
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