Sharma could not conduct the hearing as the Judicial Council of which he is an ex officio member has also been made defendant in the writ petition. The petition was scheduled for hearing in a division bench of Sharma and Justice Sushila Karki. [break]
The hearing on the writ petition on Sunday was deferred after it was found that advocate Prasanna Krishna Das, who is also pleading on behalf of the petitioner, is related to Justice Ram Kumar Prasad Shah.
A single bench of Justice Sushila Karki on March 22 had ordered the government to halt the appointment process until April 7, stating that the Interim Election Council, which has been formed to hold fresh election, cannot take decision on issues that can have long-term impact.
Advocate Om Prakash Aryal on March 20 had moved the apex court challenging the government´s preparations to appoint Karki as the chief of the anti-corruption body.
In the petition, Aryal has stated that the recommendation of the High-Level Political Committee to appoint Karki as the head of CIAA is against constitutional provisions and the spirit of the people´s movement, rule of law, good governance, transparency, accountability and the principle of constitutional checks and balances.
The writ petitioner has claimed that Karki is not eligible for the post as he was involved in suppression of the peaceful democratic movement of April 2006 and the Rayamajhi Commission formed subsequently had recommended the government to remove Karki from civil service, making him ineligible for any public post in future.
The Office of the President, Chairman of Interim Election Council Khil Raj Regmi and his office, Constitutional Council, CIAA, UCPN (Maoist) Chairman Pushpa Kamal Dahal and Karki have been made defendants in the writ petition.
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