A single bench of SC Justice Tahir Ali Ansari issued the order. The final verdict on the petition filed by advocate Santosh Basnet will be issued by a special bench after the prime minister furnishes his written clarification.[break]
Though SC gives a 15-day deadline to the defendant in such cases, the apex court has given the prime minister 10-day deadline considering the gravity of the issue.
The petition claims that Article 63 cited by PM Bhattarai to announce the date for fresh CA elections was only meant for the CA elections held on April 10, 2008.
The petition claims that the purpose for which the article was enshrined in the interim constitution has already been accomplished and cannot be invoked again without amendment.
PM Bhattarai had announced fresh elections for November 22 after failing to promulgate the new constitution on May 27.
Though the move taken by PM Bhattarai conforms to the SC´s November 25 verdict, constitutional experts say the prime minister faulted by not amending Article 63.
This is the second time in a week that PM Bhattarai has been directed by SC to furnish written clarification. Last week, SC had ordered him to appear in person before the court with written clarification for contempt of court.
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