Writ against constitutional appointment of 52 people in Constitutional Bench

KATHMANDU, Sep 13: The writ against the appointment of 52 people in the constitutional body through the ordinance has been scheduled for hearing on Wednesday. The writ registered in the Supreme Court on the 16th of November 2020, has been scheduled for a hearing in the constitutional bench.

For the hearing of the writ, which is in the constitutional bench, a bench consisting of Chief Justice Bishwambhar Prasad Shrestha, and Justices Ishwar Prasad Khatiwada, Ananda Mohan Bhattarai, Anil Kumar Sinha and Prakashman Singh Raut has been formed.

The then Prime Minister KP Sharma Oli amended the Constitutional Council Act through an ordinance and appointed 52 office bearers and members to various constitutional bodies. A writ was filed in the Supreme Court demanding the annulment of those 52 people who were appointed to various constitutional bodies. But the 52 people were made respondents by issuing a show cause order for appointment in the writ which was not heard for a long time.

In the writ filed by advocate Omprakash Aryal, senior advocate Dr. Dinesh Tripathi and others, a show cause order was issued on the 23rd of March 2022, while in the order dated 22nd June 2022, it was ordered to keep all cases jointly and inform all in the opposition. In the same way, on the 27th of July, 2022, there was an order to submit the deadline to the office bearers who could not submit the deadline, but on the 15th of February 2023, the writ was put on the unable to be heard list.

In the case, 52 people with constitutional appointments, the Office of the President, the Office of the Prime Minister and the Council of Ministers, members of the Constitutional Council, etc. are all in the opposition, so even though this case is heard continuously, the debate will continue for a long time.

As the writ filed by Ganesh Hamal which has been scheduled for hearing on Wednesday, along with other cases, are all pending, it is possible that the writ against the constitutional appointment of the 52 people will not be heard.