Earlier, the registrar of the apex court on Friday had rejected the petition filed by Bijay Kanta Karna and Raksharam Harijan but the petitioners challenged the rejection order at a bench. As the single bench of Justice Cholendra SJB Rana on Tuesday quashed the rejection order of the registrar, the court finally registered the petition on Tuesday.The bench stated that the issues raised in the petition should be settled from a bench as the petitioners have questioned the constitutionality of the 16-point deal. Earlier, the registrar had rejected the petition stating the issues raised were political rather than constitutional and legal.
The petitioners have claimed that the first three points of the deal which state that eight provinces will be formed but they will be named by the provincial assemblies and delineations will be finalized a Federal Commission formed by the government, are against the Interim Constitution.
The petitioners have argued that the deal is against the Article 138 of the Interim Constitution, which states that the boundaries, number, names and structures, as well as full details of the lists of autonomous provinces and the center and allocation of means, resources and powers shall be determined by the Constituent Assembly.
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