Advocate Subas Acharya moved the court with the writ petition urging the SC to issue mandamus to declare the ordinance as ultra vires.[break]
The petitioner has argued that the president approved the ordinance on removing constitutional difficulties by misusing his powers related to removing constitutional difficulties which has affected the basic structure of the Interim Constitution.
Acharya has also urged the apex court to scarp the decision on formation of the chief justice-led election government arguing it goes against the principle of separation of powers.
“No political party leader or the president can on their own make changes to the Interim Constitution or under the pretext of removing difficulties can change the basic structure of the constitution,” reads the writ petition.
President Ram Baran Yadav, the chairman of the Interim Election Coucil of Ministers and Chief Justice Khil Raj Regmi, UCPN (Maoist) Chairman Pushpa Kamal Dahal, Nepali Congress President Sushil Koiral, CPN-UML Chairman Jhalanath Khanal and Bijay Kumar Gachchhadar of United Democratic Madhesi Front have been made defendants in the writ petition.
Writ petition filed at SC seeking annulment of the ordinance on...