The bench of Justice Meghraj Pokharel made this order on a writ petition filed by advocate Geeta Thapa.
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The Supreme Court has ordered the registration of a writ petition against the Constitutional Council (Works, Duties and Powers) First Amendment Ordinance, 2083 and its submission to the Constitutional Bench. The bench of Justice Meghraj Pokharel made this order on the writ petition of Advocate Geeta Thapa.
‘It appears that the petitioner has filed a petition in pursuance of the jurisdiction of the Constitutional Bench as per Article 137 of the Constitution of Nepal, alleging that the Constitutional Council (Works, Duties and Powers) (First Amendment) Ordinance, 2083 is inconsistent with the Constitution,’ the order states. ‘It appears that the said petition was filed by the Registrar on 25th Baisakh.’
If the administration refuses to register the writ petition (the petition), if the petitioner is not satisfied with the decision, he can file a petition before the ‘bench’ within 7 days as per Rule 10(1) of the Supreme Court Rules, 2074. Stating that the term 'bench' in Rule 2(b) of the Rules includes the Constitutional Bench, the Supreme Court has ordered that this petition be submitted directly to the Constitutional Bench.
'Since the demand for annulment of the ordinance raised in the petition falls within the jurisdiction of the Constitutional Bench as per Article 137 and the petition seeking annulment of the order of the Court of Appeal should also be considered by the Constitutional Bench, it should be submitted to the Constitutional Bench as per Rule 10(1) of the Rules,' the order said.
