Advocate Om Prakash Aryal on Wednesday moved the apex court urging it to stop the process of appointing Karki as the chief commissioner of CIAA, stating that the recommendation of HLPC is against the preamble of the interim constitution, article 1, 12 (2), 13 (1), 33 (c), 119 (5) (e) and 155 (1) and the spirit of the people´s movement, rule of law, good governance, transparency, accountability and the principle of constitutional checks and balances.[break]
A meeting of HLPC, which is headed by UCPN (Maoist) Chairman Pushpa Kamal Dahal, on Sunday, had decided to recommend Karki as the chief commissioner of the CIAA to the Interim Election Council.
The writ petitioner has claimed that Karki is not eligible for the post as he was involved in suppression of the April Movement 2003 and the Rayamajhi Commission had recommended the government to remove Karki from civil service and not to appoint him to any public post in future.
Aryal has reminded that CIAA in 1994 had filed a case against Karki for the latter´s alleged involvement in gold smuggling. “Karki´s appointment would encourage corruption and impunity as he was involved in illegal, immoral and anti-people activities while holding public office,” reads the writ petition.
Article 119 (5) (e) of the interim constitution states: No person shall be eligible to be appointed as the chief commissioner or a commissioner unless he or she possesses high moral character.
The president´s office, Chairman of Interim Election Council Khil Raj Regmi and his office, Constitutional Council, Commission for the Investigation of Abuse of Authority (CIAA), UCPN (Maoist) Chairman Dahal and Karki have been made defendants in the writ petition.
Another writ petition against proposed appointment at EC
Meanwhile, another writ petition was filed at the SC on Wednesday against the proposed appointments at the Election Commission (EC).
Pravin Kumar Labha filed the writ petition arguing that the proposal on appointing former acting chief commissioners Nil Kantha Uprety and Dolakh Bahadur Gurung and former commissioner Ayodhi Prasad Yadav is unconstitutional.
The writ petition has urged the apex court to interfere with the move stating that the constitutional body cannot perform its duty efficiently if the appointments are made unconstitutionally.
President Ram Baran Yadav and his office, Chairman of Interim Election Council Regmi and his office, among others, have been made defendants in the writ petition.
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