Not only has a writ been registered in the Supreme Court saying that Gunakar Bhatt, who has resigned as the executive director of Rashtra Bank, is going to be appointed as the governor, the payment has also been fixed for Sunday.
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The Council of Ministers has not decided to appoint anyone as the governor, the meeting of the recommendation committee has not even been held, and no one has applied. However, a writ has not only been registered in the Supreme Court saying that Gunakar Bhatt, who has resigned as the executive director of Rashtra Bank, is about to be appointed as the governor, but the payment has also been set for Sunday.
Advocates Pratibha Upreti and Vishal Thapa filed a supplementary writ on Friday seeking a 'prohibition mixed injunction' to stop the discussion of appointing Bhatt as governor. Accepting the petition filed by the opposition demanding an order not to appoint Bhatt as the governor, the Supreme Court adjourned for Sunday.
Previously, advocates Upreti and Thapa had filed a writ demanding the cancellation of the amendment made through the 'Standards for the Appointment and Nomination of Officials and Members of Public Bodies Affiliated to the Ministry of Finance (including Rashtra Bank) 2073' (second amendment) to allow the appointment of officers and members even to those who have passed the age of 65 years. In the writ petition, the Supreme Court has issued an interim interim order and called the petitioner and the government for a discussion on Sunday. The supplementary writ submitted by the petitioners on Friday has also been combined with the previous writ and submitted for payment on Sunday.
In the supplementary writ petition, it is claimed that Bhatt is going to be made the governor. It is stated in the supplementary writ petition that the government is going to appoint Gunakar Bhatt, the executive director of the opposition Nepal Rastra Bank, who has no qualifications other than the person of the Nepal Rastra Bank Act, 2058, and who does not meet the qualifications, on the basis of political consensus.
It is stated in the writ petition that it is clear from the media that Bhatt is going to be appointed as the governor, "if an unqualified person is appointed, the right to quality service ensured by Article 44 of the Constitution and the right to employment ensured by Article 33 if the banking and monetary policy is in the hands of the wrong person, the right to property in Article 25, and also against the economic governance ensured by Sections 3, 4, 5, 6, 7 of the Good Governance Act, 2064 It will be.'
Governor's appointment dispute 'has reached an interesting turn' is also claimed in the supplementary writ. Stating that Rajendra Kishore Chhetri and Rabindra Pandey were disqualified from becoming governor due to the age limit of 65 years according to the short-term interim order made earlier by the court, the supplementary writ states, "Recently, news has come out that an agreement has been reached between the ruling parties UML and the top leadership of the Congress to give the governorship to the Congress." The Congress has already prepared a list of possible names after getting the Governor. Recently, referring to sources close to Deuba, in some media, the executive director of Rashtra Bank Dr. The news has been published that Prime Minister Oli and Deuba have agreed to make Gunakar Bhatt the governor.
It is also claimed in the supplementary writ that the Rashtra Bank Act does not envisage bringing a person working as an executive director directly to the governorship. "Section 15 of the Nepal National Bank Act, 2058 clearly stipulates that the names of three persons should be recommended to the Council of Ministers from among the distinguished persons of economic, monetary, banking, financial and commercial law and the Deputy Governor, on the basis of which even the appointment of Gunakar Bhatt cannot be envisaged," the writ says, "Since the news of the distribution between the AIG and the Governor among the ruling party has become public, the division of positions has affected good governance. It has become clear that it has been given.'
The petitioners argue that the appointment of the governor has become a subject of court justice because of the previous cases. An order to stop the appointment of the governor has been demanded in the writ, based on the agreement said to have been made between Prime Minister Oli and former Prime Minister Deuba. The post of governor has been vacant since March 24 after the term of office of Mahaprasad Adhikari ended. According to the law, a new appointment should be made one month before the term of the governor expires. But since the two parties could not reach an agreement, Deputy Governor Neelam Dhungana has been made permanent.
The government has formed a three-member committee under the chairmanship of Deputy Prime Minister and Finance Minister Bishnu Paudel to recommend the appointment of the governor. Former Governor Vijayanath Bhattarai and former Vice Chairman of National Planning Commission Vishwa Paudel are members of the committee as experts. The meeting of the committee formed for the recommendation of the governor is being held on Saturday.
A minister claims that the committee will recommend the names of three people, which will include Bhatt's name and that he will be appointed as the governor. "It is certain that Bhatt will be the governor in the next meeting of the Council of Ministers," said the minister. Bhatt resigned after a meeting with Minister Poudel, who is the coordinator of the Governor's Recommendation Committee, on Friday. Bhatt said that he submitted his resignation to the Permanent Governor of Rashtra Bank Dhungana.
Sources claim that Bhatt has resigned as the executive director of Rashtra Bank as soon as there is an agreement to make the governor at the political level. According to a minister, in the talks held between Prime Minister Oli and Congress President Deuba last Tuesday, there was an agreement on the issue of share in government appointments.
Even though Congress-UML remained in their respective stances regarding the appointment of the new governor, finally Prime Minister Oli and Congress President Deuba agreed on Bhatt's name. "There has been an agreement between the two leaders to appoint Bhatt as the governor of Rashtra Bank according to the stance taken by the Congress," said the minister. Bhatt resigned after it was confirmed that it will happen now.
Article 20 of the Rashtra Bank Act, 2058 states that the person appointed to the post of governor must be a citizen of Nepal, must have high moral character and must have at least a master's degree in economics, monetary, banking, finance, commerce, management, public administration, statistics, mathematics or law and must have 10 years of work experience.
Bhatt has a degree in economics from Wayne State University, USA. He completed his master's degree in economics in 2011 from the same university. He also received his master's degree in economics from Williams College in the United States in 2006. He is a 'Gold Medalist' who completed his MBA in 1998 from Tribhuvan University.
Communications and Information Technology Minister Prithvisubba Gurung, who is also the spokesperson of the government, said that an agreement has been reached between Oli and Deuba on the new governor. The Council of Ministers formed the Governor's Recommendation Committee on Chait 11 under the coordination of Minister Paudel. Poudel, a member of the committee, was in India during a family visit. According to sources, he has returned on Friday after cutting short his visit. "Paudel was called after the appointment of the governor was agreed at the political level," said the minister.
