KATHMANDU, Feb 21: A writ petition has been filed at the Supreme Court demanding revocation of the appointment of Deependra Jha to the post of chief attorney of Province 2.
The petition filed by advocates Madhur Pathak and Dilli Prasad Neupane on Tuesday states that Jha does not have the qualifications mentioned in the constitution for the post.
According to Clause 140 of the constitution, any citizen of Nepal who has obtained a bachelor's degree in law and served as a judge of a District Court for at least five years or who has obtained a bachelor's degree in law and constantly practiced law as a senior advocate or advocate for at least ten years or who has constantly been engaged in the teaching or research of law or in any other field related to law or justice for at least ten years or who has served in the post of at least Gazetted first class of the Judicial Service for at least five years shall be deemed qualified for appointment as the chief judge or a judge of the High Court.
The lawyers in the writ petition have argued that Jha has been practicing law for five years while the constitution demands at least 10 years of law practice, therefore the appointment is unconstitutional. Jha had received the license for law practice from Nepal Bar Council on July 17, 2011.
They have demanded SC to issue an interim order against Jha's appointment to a chief attorney.
Jha was appointed as chief attorney of the province on February 18.