Court order sought for issue of ordinance

Published On: December 29, 2017 06:00 AM NPT By: Republica  | @RepublicaNepal

KATHMANDU, Dec 29: A writ petition has been filed at the Supreme Court Thursday demanding its order for immediate issuance of the upper house ordinance by the president.

Advocate Yagyamani Neupane filed the petition stating that inaction by the president on the ordinance has caused the political deadlock to prolong. The Office of the President, the Office of the Prime Minister and Council of Ministers and the three major political parties--UML, Maoist Centre and Nepali Congress-have been made defendants in the petition. 

Neupane has said under Article 93(1) of the constitution, the meeting of the House of Representatives should be summoned within 30 days of the publishing of the final results of the parliamentary elections. But the delay in forming the national assembly due to the president's non-issuance of the ordinance has delayed the summoning of the parliament and sought the apex court's intervention. 

He has also cited Article 66 and 114 of the Constitution and argued that the president does not have the luxury of blocking the ordinance.

The petitioner has also asked the court to issue a mandamus order to the authorities to ensure that a prime minister is not elected without forming the national assembly first and the parliament is not summoned without the national assembly begins its proceedings. 

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