Supreme Court, Bamdev Gautam, writ petition, National Assembly member
KATHMANDU, Nov 11: Supreme Court has denied issuing an interim order on the case relating to the nomination of ruling party NCP Vice-Chairman Bam Dev Gautam to the National Assembly member, on Wednesday. This paves way for Gautam not only to retain his post as a member of the Upper House but also to assume ministerial portfolio.
Responding to a writ petition filed by senior advocate Dinesh Tripathi, a Constitutional bench comprising Chief Justice Cholendra Shumsher JB Rana and Justices Deepak Kumar Karki, Hari Krishna Karki, Bishwombhar Prasad Shrestha and Ishwor Prasad Khatiwada concluded that there were no grounds to restrict him from becoming the member of the Upper House and minister.
Earlier last month, the hearing on the case relating to the nomination of Gautam was postponed after some government employees at the Supreme Court tested positive for coronavirus.
Senior advocate Tripathi moved the apex court demanding the cancellation of the decision of nominating Vice-Chairman of ruling NCP Bam Dev Gautam to the Upper House of Federal Parliament.
In his writ petition, the Office of the President, Office of the Prime Minister and Council of Ministers, the ruling NCP and lawmaker Gautam were named as defendants.
Gautam was defeated in the election to the House of Representatives (HoR) held two and a half years ago from Bardiya-1.
Citing his defeat as a member of the lower house of the federal parliament, senior advocate Tripathi filed a PIL in the Supreme Court. The petitioner had claimed that Bamdev's appointment in the HoR fails to honor people’s verdict as he was defeated in the election and thus barred from holding the posts of a lawmaker and minister as per the Article 78 (4) of the Constitution of Nepal, 2015.
In the third week of September, a single bench of Justice Dr Ananda Mohan Bhattarai referred Gautam's case to the Constitutional Bench, issuing an interlocutory interim order to bar Gautam from taking any responsibilities as a member of the federal parliament.