Following the order of Acting Chief Justice Sapana Pradhan Malla, the process of registering a writ has begun regarding the claim that seniority was violated in the recommendation of the Chief Justice.
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Acting Chief Justice Sapana Pradhan Malla has ordered the Constitutional Council to register the petition against the bench, claiming that the Supreme Court Chief Justice had violated seniority on its recommendation, by 1 pm. The process of registering the petition has begun.
Writ petitioner Prem Silwal had met Acting Chief Justice Malla in the morning and complained that there was no petition to be presented in the bench. Silwal said that after the complaint, the Acting Chief Justice ordered the registration by 1 pm and that they have now reached the bench for registration.
After the Supreme Court administration registers the petition, the first hearing of the petition will be held on 5th Jestha. 2083 On April 25, senior advocate Dinesh Tripathi, advocate Silwal and others had filed a writ petition in the Supreme Court after the Constitutional Council recommended Manoj Kumar Sharma, who was ranked fourth, instead of seniority.
The writ was rejected by the Supreme Court's Registrar and was filed in the lower court. The writ petition claims that the established practice regarding the recommendation and appointment of the Chief Justice is contrary to the Bengaluru Declaration and also violates Article 14 of the International Covenant on Civil and Political Rights.
Advocate Silwal had filed a petition against the lower court on April 28, 2006. The Supreme Court's petition was stayed on the grounds that it would be filed at some point. After Supreme Court Registrar Man Bahadur Karki refused to register the petition through verbal order and intention, saying that he would register it after consultation, advocate Silwal Kamu had taken the petition to Chief Justice Malla's secretariat.
The Supreme Court administration's stand of not registering the writ petition despite the possibility of the bench of judges dismissing it or issuing other orders was opposed, and Chief Justice Malla's secretariat had issued a written order to register Silwal's petition against the bench. After that order, the petition went into the process of registration.
