The Supreme Court is giving its decision on Wednesday whether the appointment of 52 officers of the Constitutional Commission, which has been under consideration for four and a half years, is right or wrong from the point of view of the Constitution. According to the supreme source, all the judges of the constitutional bench are engaged in discussion about what to decide.

Chief Justice Prakashman Singh Raut, Justices Sapna Pradhan Malla, Manoj Kumar Sharma, Kumar Chudal and Nahkul Subedi are in the five-member constitutional bench that will decide the case. 

On Tuesday, Chief Justice Raut, senior most Justice Malla and Justice Nahkul Subedi did not sit in the bench. The other members of the bench, Justices Chudal and Sharma, heard the cases on Tuesday. "They came, but they said today that they will not look at the case," said the supreme source, "Maybe because time was spent preparing for tomorrow's case, there was not enough time to look at other cases." According to the

ordinance, 32 officials were appointed on 21 January 2077 and 20 officials were appointed on 10 June 2078. After the debate was over on May 1, the decision on the appointment was set for June 28 (Nisu), but the date of the decision was moved because there could not be sufficient discussion among the judges. 

is a legal practice in which a judge usually delivers a decision after a lengthy deliberation. In that belief, advocates, media persons, civil society leaders and petitioners sat all day long on May 28, waiting for the decision of the court. They were disappointed and surprised when they suddenly moved. An official of the Supreme Court said that even though all the five members of the bench had been in discussions throughout the day, they could not reach a consensus on the decision, saying that the date was postponed due to lack of sufficient preparation.

"Now the bench will definitely hear it," says Omprakash Aryal, one of the petitioners who filed a writ against the appointment of the constitutional officer, "but I don't know anything whether there is any definite preparation for hearing it." Aryal said that he thinks that since Chief Justice Raut and two other judges have not sat in the bench even though they have come to the Supreme Court, it is for the preparation of the case itself. 

The case against the appointment of 52 officials of the Constitutional Commission has been pending in the Supreme Court for four and a half years. After 13 pleas, the case was under 'watching' from last January 30th. The then government under the leadership of KP Sharma Oli amended the Constitutional Council Act through an ordinance to recommend the officers of the Constitutional Commission. In the

ordinance, the presence of 5 of the total 6 members of the Constitutional Council will constitute a quorum and the decision of 4 of the quorum will be a majority by revising the legal provisions to make the presence of the majority of members including the chairman a quorum. The ordinance provided that a majority of those present, including the chairman, could make a recommendation.

 After the issuance of the ordinance, the Constitutional Council Chairman then Prime Minister Oli, members the then Chief Justice Cholendra Shamsher Jabara and the then Speaker of the National Assembly Ganesh Prasad Timilsina held a meeting and recommended it to the Constitutional Commission. At that time, the leader of the then main opposition party Sher Bahadur Deuba and Speaker Agni Sapkota were absent from the meeting.

The then Prime Minister Oli dissolved the House of Representatives within a few days of recommending office bearers from the Constitutional Council on 30 November 2077 and 21 Baisakh. The then President Bidya Devi Bhandari gave them the appointment on the basis of the parliamentary rules that there is no parliamentary hearing within 45 days of the recommendation. 15 writs were filed against the appointment from 1 January 2077 to 10 July 2079. The Supreme Court has been criticized for delaying the

writ for a long time without hearing it. The Constitutional Bench headed by Chief Justice Raut had ordered to keep all the writs on the ``Watching'' list, saying that the hearing of the case will continue from January 30 until the final decision is taken.