What happened in the appointment of 52 constitutional officers?

असार १९, २०८२

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What happened in the appointment of 52 constitutional officers?

KP Sharma Oli was the prime minister in the CPN-led government. In November 2077, he brought an ordinance on the Constitutional Council to appoint constitutional officials. The Constitutional Council, chaired by the Prime Minister, consists of six members, namely the Speaker, the Chief Justice, the leader of the main opposition parties, the Speaker of the National Assembly and the Deputy Speaker.

If five people attended the meeting, it was considered a quorum. But Oli amended this arrangement through an ordinance. He arranged for the meeting to be held if the majority of members including the chairman are present and the majority of members including the chairman can take decisions from the meeting.

on that basis  The meeting of the Constitutional Council attended by Prime Minister Oli, Chief Justice Cholendrashamsher Jabara and Speaker of the National Assembly Ganesh Timilsina recommended the appointment of 32 constitutional officials for the first time on December 30, 2077. Based on this, President Bidya Devi Bhandari appointed 21 Jan 2077.

For the second time, the appointment of 20 constitutional officers was recommended on May 30, 2078. Who was appointed by President Bidya Devi Bhandari on 10 June 2078. In this way, 52 people were appointed to the constitutional body in two stages in the same style.  What happened in the appointment of 52 constitutional officers?

The same trend was observed during both these appointments. It should be recommended to the parliamentary hearing committee by the constitutional council sitting according to the law. The appointment was recommended. But before the hearing process started, the Prime Minister dissolved the Parliament . Oli dissolved the House of Representatives for the first time on December 5, 2077 and for the second time on June 8, 2078.

15 writs were filed in the Supreme Court from December 1, 2077 to July 10, 2079 demanding the cancellation of the ordinance and cancellation of appointment with the argument that the constitution was falsified. The then Speaker and Constitutional Council member Agni Prasad Sapkota, Senior Advocate Dinesh Tripathi, Advocate Omprakash Aryal filed the writ. After 4 years of filing the writ, the trial started in the bench. 

The Constitutional Council chaired by the Prime Minister consists of the Chief Justice, the Speaker, the Speaker of the National Assembly, the leader of the main opposition parties and the Deputy Speaker. Cholendrashamsher Jabara was the Chief Justice when it was recommended to the Constitutional Commission. It was alleged that he supported the recommendation by asking to participate in the Constitutional Commission and did not hear the writ against the appointment. During Jabara's tenure, the writs were kept on 'not to be seen' even though they were brought up for hearing three times.

When Deepak Karki became the permanent Chief Justice after Jabara, Pesi went up for hearing four times . At that time, show cause, interim order not to be issued and other orders were issued . After that, during the time of Harikrishna Karki, who became the leader of the constitutional bench, the writ was once raised for hearing but was not heard. Even when Vishwambhar Prasad Shrestha was the Chief Justice, he did not go to see the writ four times . During the tenure of the current Chief Justice Raut, the writ for the final hearing has been started after the third time for hearing. 

After the debate was over on 1st of June, the decision on the appointment was fixed on 28th of June, but the date of the decision was postponed due to insufficient discussion between the judges. The Supreme Court has decided this case in the constitutional bench of Chief Justice Prakashmansingh Raut, judges Sapna Pradhan Mall, Manoj Kumar Sharma, Kumar Chudal and Nahkul Subedi according to the order of 28th of last June.

 

Related news:

Constitutional bench on constitutional appointments: 4 years of neglect, 4 months of intensity, confusion at the end

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