The prime minister took the decision after consulting legal experts, including Law Secretary Bhesh Raj Sharma. The prime minister had to turn to legal experts as the Interim Constitution is silent on the removal of a minister convicted of a criminal charge. [break]
The Interim Constitution says a minister is considered relieved of the post only on three grouds: death, resignation or as recommendation by the party to the prime minister.
The prime minister informed the Office of the President about Gupta´s removal on Thursday. But the letter does not explicitly mention the dismissal of Gupta from his post.
"The Minister for Information and Communications could not continue in the post following the verdict of the Supreme Court. So I have assumed the vacant portfolio of Ministry of Information and Communications," a source quoted the prime minister as writing in the letter to the President´s Office.
Prime minister´s aide Biswadeep Pandey confirmed the development. "The prime minister has informed the President in this regard," he said when asked what the prime minister would do about Gupta.
Though Gupta announced his resignation verbally after the Supreme Court verdict on Tuesday, he has not officially resigned from his post.
CA scraps Gupta´s membership
Constituent Assembly (CA) Chairman Subas Nembang on Thursday scrapped CA membership of Jay Prakash Prasad Gupta, who is also the chairman of Madhesi People´s Rights Forum-Republican, after consultation with the CA´s Business Advisory Committee (BAC).
Issuing a notice, the CA secretariat said the seat has fallen vacant from Thursday.
The CA took the decision following the Supreme Court verdict on Tuesday that convicted him of illegally amassing Rs 8.4 million as a cabinet minister in the past. The apex court on Tuesday slapped 18-month jail term and Rs 8.4 million in fine on Gupta.
With Gupta´s CA membership scrapped, altogether six positions have fallen vacant in the 601-seat CA. Ram Kumari Yadav and Gauri Shankar Khadka of UCPN (Maoist) and Dambar Bahadur Khadka of CPN-UML have passed away. Ram Kumar Sharma of Tarai-Madhes Democratic Party lost his membership after he joined the UCPN (Maoist).
Similarly, another lawmaker Raj Kumar Limbu Nalbo lost his membership following a dispute within his party Sanghiya Loktantrik Rastriya Manch.
Also, separate cases of corruption and abduction against Naradmuni Rana of CPN-UML, Shiva Pujan Ray Yadav of Madhesi People´s Rights Forum and Shyam Sundar Gupta of Sadbhavana Party (Anandidevi) are sub-judice in courts.
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