Supreme Court Receives Writ Against Nepal Airlines Executive Chairman Appointment

Kathmandu. A writ petition has been filed in the Supreme Court against the appointment of Maheshwar Bhakta Shrestha as the executive chairman of Nepal Airlines Corporation (Nepal Airlines).

Upendra Bahadur Karki, who is also a member of the corporation's board of directors, filed the writ in the Supreme Court on Thursday, claiming that the government illegally appointed the executive chairman by violating prevailing laws and criteria. 

Petitioner Karki has demanded that the appointment be nullified by making the Office of the Prime Minister and Council of Ministers, the Ministry of Culture, Tourism and Civil Aviation, and the newly appointed Executive Chairman Maheshwar Bhakta Shrestha, among others, respondents in the case. 

Karki claimed that he was first in the selection process for the executive chief and alleged that a person without qualifications was appointed on a political basis. 

The writ petition states that according to the Nepal Airlines Corporation Act, 2019, and the Criteria for Appointment and Nomination of Office Bearers of Public Bodies, 2077, the age limit for the executive chief should be 35 years completed and not exceeding 65 years. However, the respondent Maheshwar Bhakta Shrestha has already crossed the age limit of 65 years and is 80 years old, making his appointment illegal and unconstitutional at first glance, according to the petitioner. 

Karki mentioned in his writ that the recommendation and appointment of another person without appointing him has violated the fundamental rights granted by Articles 16, 17, 18, and 33 of the Constitution. He recalled that he was appointed as a board member based on a previous Supreme Court order and stated that the current appointment of the executive chairman mocks the rule of law. 

The petitioner has demanded a mandamus to nullify the controversial appointment with a certiorari order and to appoint him as the executive chairman. Furthermore, in accordance with Rule 49 of the Supreme Court Rules, 2073, an interim order has also been sought to prevent Shrestha from carrying out any work in the capacity of executive chairman and to keep him in the status quo until the final resolution of the case. 

The Supreme Court administration has registered the writ and scheduled the hearing for the upcoming July 4.