KATHMANDU, Dec 6: A writ petition filed against the decision of the then KP Sharma Oli-led government to make appointments to constitutional bodies is still pending at the Supreme Court. The writ petition that appeared before the Constitutional Court was not forwarded for consideration today as well.
Chief Justice Bishowambhar Prasad Shrestha, Anand Mohan Bhattarai, Sapana Pradhan Malla, Sushmalata Mathema, Kumar Regmi were not sent to see the constitutional bench due to the pressure of cases, which is a case of preference. Case of preference means the first right, i.e. the first priority in terms of cases.
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The then Prime Minister KP Sharma Oli appointed 52 officials to various constitutional bodies. A writ petition was registered against the government move at the Supreme Court which issued a show cause order on 23rd March, 2022.
Two years ago, the Supreme Court had given legitimacy to 52 officials of the constitutional bodies who were appointed by the Oli-led government through an ordinance. The constitutional bench of Chief Justice Deepak Kumar Karki, Justices Meera Khadka, Harikrishna Karki, Bishowambhar Prasad Shrestha, Ishwar Prasad Khatiwada did not issue an interim order in the case.
The then government reserved the positions of those appointed to the constitutional bodies such as the Commission for the Investigation of Abuse of Authority, the National Human Rights Commission, and the Election Commission. The legal professionals demanded that all these appointments be scrapped by issuing an interim order. However, the Supreme Court issued a show cause order, saying there was no need for an interim order.
These appointments were based on an ordinance to amend the Constitutional Council (Functions, Duties, Power and Procedure) Act-2010 which was issued twice. Senior Advocate Dinesh Tripathi, advocate Omprakash Aryal and others filed writ petitions against that at the Supreme Court.
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