KATHMANDU, March 10: Speaker Onsari Gharti on Thursday sent back the recommendation made by Constitutional Council to approve Ayodhi Prasad Yadav as the chief election commissioner to the council. Gharti herself is a member of the Constitutional Council that made the recommendation and was involved in the decision making process at the council meeting on December 8.
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The Parliament Secretariat Thursday sent back the recommendation to the Constitutional Council arguing that the parliament cannot conduct parliamentary hearings since the new parliamentary regulations has not yet been formulated in line with the new constitution.
“It was a decision taken by the speaker on Sunday alongside the decision to send back the recommendation made by the Judicial Council to appoint Supreme Court justices. The Judicial Council was informed about the decision in writing on Sunday itself, but the letter to the Constitutional Council has been sent only on Thursday,” said speaker’s press advisor Babin Sharma.
On December 8, the Constitutional Council had recommended that officiating Chief Election Commissioner Yadav be appointed as the chief of the Election Commission (EC). Speaker Gharti Magar, who is also a member of the Constitutional Council, had herself made the decision public.
According to the constitution, the president appoints the commissioners to the Election Commission based on the recommendation of the Constitutional Council. But confirmation hearings by a parliamentary are mandatory before the appointments.
Making similar arguments, the Parliament Secretariat on Sunday had sent back the recommendations made by the Judicial Council for appointing 11 individuals as Supreme Court justices.
petition challenges JC recommendation
A writ petition has been filed at the Supreme Court Thursday challenging the Judicial Council’s recommendation of 11 justices.
According to Supreme Court’s deputy spokesman Bishwa Paudel, the court administration is still considering whether to register or reject the petition.
Advocate Bijay Singh Sijapati came to the apex court claiming the decision taken by the Judicial Council is unconstitutional and motivated. Sijapati has argued that the council took the decision without it getting a full shape as per the spirit of the new constitution. He has also argued that the JC recommended names for justices at a time when there is no parliamentary hearing special committee, and the Parliamentary Regulations prove that the recommendations were made with mala-fide intent.
The Judicial Council had last week recommended Deepak Kumar Karki, Kedar Chalise, Sharada Prasad Ghimire, Mira Khadka, Hari Krishna Karki, Bishwambhar Prasad Shrestha, Ishwar Khatiwada, Aananda Mohan Bhattarai, Anil Kumar Sinha, Prakash Man Singh Raut and Sapana Pradhan Malla for appointment as Supreme Court justices. Among the recommended 11, Hari Krishna Karki, Sinha, Raut and Malla are senior advocates while the rest are career judges serving as chief judges at appellate courts.
