In his written clarification sent to the apex court on Thursday, the chief election commissioner has termed the writ petition "subjective" and "imaginary".
Uprety has stated that neither he is re-appointed nor promoted but his appointment has been done through new process as per the constitutional provision.
The chief election commissioner has maintained that the government has appointed him because of his long experience and credibility among the international community. Uprety has also argued that he had no role in the decision related to his own appointment.
President Ram Baran Yadav on March 24 had appointed Uprety as the chief election commissioner and Dolakh Bahadur Gurung and Ayodhi Prasad Yadav as commissioners of the constitutional body following recommendation by the Constitutional Council.
Advocate Pravin Kumar Labh had moved the apex court after their appointment arguing that the move is against the existing laws and the Interim Constitution stating that there is no provision of reappointing EC commissioners to the same posts.
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