KATHMANDU, May 18: The Supreme Court (SC) will now proceed to hear petitions related to the recommendation of Manoj Kumar Sharma for the position of Chief Justice (CJ), following an administrative order issued by Acting Chief Justice Sapana Pradhan Malla.
The development comes amid growing legal scrutiny over the constitutional council’s decision to recommend Sharma’s appointment as CJ.
Acting Chief Justice Malla ordered the SC administration to register writ petitions and appeals challenging the administrative decision that had previously refused to register the cases (a process known as “darpheet” or rejection at the filing stage).
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She also directed that the petitions, along with appeals against the rejection order, be formally registered and listed for hearing on Tuesday.
The Constitutional Council had recommended Manoj Kumar Sharma for appointment as Chief Justice on May 7. Following this, three separate writ petitions were filed in the Supreme Court by senior advocates including Dr. Dinesh Tripathi and Dr. Premraj Silwal, challenging the recommendation.
However, the Supreme Court administration initially refused to register the petitions, effectively stalling the process. The refusal itself was later challenged through appeal.
On May 13, a group of lawyers met Acting Chief Justice Malla and raised concerns over the administrative handling of the petitions.
In her order, Malla stated that the SC administration does not have the authority to indefinitely withhold or delay registration of such petitions, as it restricts access to justice and undermines due legal process.
She further noted that such administrative delays could violate constitutional principles of judicial access and procedural fairness.
With this ruling, the dispute over the registration of the case will now move into formal judicial proceedings, where the SC bench is expected to determine the legality of the constitutional council’s recommendation process.
