Supreme Court Stays Swearing-in Of Three National Assembly Members

Supreme Court Stays Swearing-in Of Three National Assembly Members

Feb. 25, 2018, 9:01 p.m.

The Supreme Court on Sunday issued an interim order to the government not to sworn-in three newly appointed members to the National Assembly.

A single bench of the Supreme Court chaired by Justice Prakash Man Singh Raut has issued and interim order to the government not to sworn-in three newly appointed members to the National Assembly.

KP Sharma Oli-led government had nominated three members — former Vice Chairman of National Planning Commission (NPC) Yubaraj Khatiwada (Jhapa), CPN Moist Centre lawmaker Ram Narayan Bidari (Makwanpur), and former NPC member Bimala Poudel Rai (Morang) to the National Assembly.

Gopal Basnet, Chandani Joshi and Krishna Prasad Paudel, who were earlier nominated to the National Assembly by the erstwhile government filed a writ at the Supreme Court challenging the government decision of appointing three new members to the NA.

The Deuba-led government had appointed three members to the NA post as per the Article 86 Sub Article 2 and Clause ‘B’ of the Constitution, on February 09, 2018.

However, President Bidya Devi Bhandari had revoked Deuba-led government’s decision on the nomination of members to the NA. In the decision, the Apex court said, there is no constitutional provision allowing the President to revoke government’s decision over NA nomination.

Likewise, the President does not have a constitutional authority to exercise executive power nor any rights to turn down government’s decision. So, the Supreme Court issued the order as per the Rules 49.2 ‘B’ of Regulations 2018 to defendants and Federal Parliament Secretariat not to sworn-in new members on March 4.

As per the constitutional provision, the head-of-the-state is entitled to nominate three members to the NA including a female under the recommendation of the government.

 

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