Writ petition filed at SC seeking annulment of the ordinance on the Constitutional Council

Published On: June 14, 2021 09:58 AM NPT By: Republica  | @RepublicaNepal

KATHMANDU, June 14: A writ petition to annul the ordinance on the Constitutional Council issued by President Bidya Devi Bhandari on the recommendation of the Council of Ministers has been filed at the Supreme Court. The writ petition was filed on Sunday by advocate Omprakash Aryal claiming that the ordinance issued on May 4 was unconstitutional. 

After the ordinance was issued, a meeting of the Constitutional Council was held on May 9 and the names of various persons were recommended for the vacant posts in the constitutional body. The writ petitioner has sought to declare the unconstitutional recommendations and appointments made on the basis of the ordinance invalid.

Based on the ordinance, two appointments were recommended to the Constitutional Council. First, the appointment to the Constitutional Committee, including the National Human Rights Commission was made. Second appointment was made in the Commission for Investigation of Abuse of Authority. 

The writ petition claims that the decisions, recommendations and constitutional appointments of the meeting held as per the ordinance are against constitutionalism, constitutional good governance, balance of constitutional power and the preamble of the constitution.

The writ petition demands that the provisions of the Constitutional Council Ordinance issued by the President should be declared invalid from the outset and the appointments be annulled.


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