A special bench of justices Ram Kumar Shah, Girish Chandra Lal and Sushila Karki on Thursday decided to conduct hearing on the petitions in another bench following appointment of Shah as a member of the Judicial Council (JC). [break]JC is also one of the defendants in the writ petition filed by advocate Om Prakash Aryal.
Shah has been appointed as a JC member after Justice Damodar Prasad Sharma, who was a member of JC, became the officiating chief justice on Thursday. Now, Sharma will head the judiciary as Chief Justice Khil Raj Regmi has already taken oath of office as the chairman of the election government.
“I cannot participate in the hearing morally as I have become a member of JC in the changed context,” Shah told advocates representing the writ petitioners.
A special bench of Justices Kalyan Kumar Shrestha, Lal and Karki on March 7 had scheduled the hearing on two writ petitions filed separately by advocates Bharat Mani Jangam and Om Prakash Aryal for March 14 stating that both the petitions raise the same question.
Earlier, two separate single bench led by Justices Karki and Lal had decided to forward the case to a special bench stating that it had raised serious constitutional question.
Advocate Bharat Mani Jangam on February 17 and Aryal on February 26 had separately filed writ petitions at the apex court against the decision of major political parties to form an election government led by the sitting chief justice.
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