KATHMANDU, May 20: A writ petition was filed at the Supreme Court (SC) on Sunday seeking a mandamus to the Constitutional Council (CC) headed by Prime Minister KP Sharma Oli to appoint the chief justice (CJ) at the earliest.
After registering the petition, the apex court has scheduled the petition for initial hearings on Tuesday. The petition was filed by advocate Santosh Bhandari, demanding the apex court's order to the authorities concerned –the CC, Secretariat of the Federal Parliament, chairman of the CC, PM Oli, Speaker of the House of Representatives, chairman of the Upper House, opposition leader in the House of Representatives and the deputy Speaker of the House of Representatives — to act promptly in order to appoint the CJ.
The top position of the judiciary has been lying vacant for more than two months after the then CJ Gopal Parajuli was relieved from his post. Since then Acting CJ Deepak Raj Joshee has been leading the judiciary.
Stating that Article 283(3) of the Constitution has a mandatory provision for appointing CJ within a month after the position becomes vacant, the petitioner has claimed that the authorities have not been following the provision.
The petition further states: “The Constitutional Council has not called a meeting on the matter for such a long period even after the position became vacant and has not been fulfilling its constitutional obligation to recommend someone for the position, adversely affecting the image of the judiciary.”
Claiming that he did not have any other option to filing the petition seeking the apex court order, the petitioner states that the delay of the appointment of the CJ has been adversely affecting the judiciary.