Writ filed at Supreme Court against ordinance relating to Constitution Council Act amendment

Published On: December 16, 2020 03:20 PM NPT By: Republica  | @RepublicaNepal

KATHMANDU, Dec 16: A writ has been filed at the Supreme Court on Wednesday afternoon against the recently-issued ordinance by the government amending the Constitution Council (Functions, Duties, Powers and Procedures) Act (First Amendment).

Advocate Om Prakash Aryal registered the writ against the government. President Bidya Devi Bhandari had issued the ordinance on Monday afternoon upon the recommendation of the Council of Ministers.

The Office of the President, Prime Minister, Council of Ministers, and members of the Constitutional Council have been named as defendants in the writ.

As per the newly promulgated ordinance, the CC meeting can convene and make decisions even if there are only three members present. 

The previous rules required at least five members to be present in the meeting to take any decision. Currently, only the post of deputy speaker is vacant in the six-member CC as parties have failed to elect a new deputy speaker.

The government's decision to introduce the new ordinance came after the CC meeting was postponed twice--on Sunday and Tuesday--as the Speaker of the House of Representatives Agni Prasad Sapkota skipped the meeting. The speaker's absence had resulted in the lack of quorum in the CC meeting. 

However, after the ordinance was issued on Tuesday afternoon, the CC meeting took place later in the day.


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