Attorney General Dr. Narayan Dutt Kandel's eligibility dispute has been scheduled for hearing in a bench comprising Chief Justice Manoj Kumar Sharma.
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Attorney General Dr. Narayan Dutt Kandel's eligibility dispute has been scheduled for hearing in a bench comprising Chief Justice Manoj Kumar Sharma.
The writ petition filed by advocates Madhav Kumar Basnet, Deepak Raj Joshi and four others, and Shiraj Baral, raising questions about the eligibility of the Attorney General, has been scheduled for hearing in a joint bench of Chief Justice Sharma and Tek Prasad Dhungana.
Earlier, the Supreme Court, while conducting the first hearing on the writ petition, had issued a show cause order in the name of the government by a single bench of Justice Kumar Regmi. The Supreme Court has ordered to summon the opponents for discussion. The government has filed a written reply and the interim order has been scheduled for hearing.
Prime Minister Balendra Shah (Balen) appointed Attorney General Kandel as the Attorney General on Chaitra 22, 2082. Along with the appointment, the writ petitioners had filed a writ questioning the qualifications of Attorney General Kandel. The petitioner has claimed that Kandel's qualifications do not meet the requirements of Articles 157 (3) and 129 (5) of the Constitution of Nepal. The appointment of the Attorney General on Chaitra 22, 2082 and the oath administered on the same day have been sought to be annulled by a writ of summons. In addition, an interim order has been sought to restrain Dr. Kandel from performing any work as the Attorney General until the final resolution of the case.
The writ claims that Kandel, who returned from a long stay in the UK, does not have the qualifications to practice law continuously for 15 years. The writ petition has argued that allowing him to work in the post would violate the constitution as he does not have the qualifications prescribed by the constitution and there is also a conflict of interest. Article 157 (3) states that the Attorney General should have the same qualifications as a Supreme Court judge. Article 129 (5) of the Constitution stipulates the qualifications of a Supreme Court judge. The article states that a Nepali citizen who has obtained a bachelor's degree in law and worked as a Chief Justice or Judge of a High Court for at least 5 years, or has obtained a bachelor's degree in law and practiced law continuously for at least 15 years as a senior advocate or advocate, or has worked continuously in the field of justice or law for at least 15 years and has gained a reputation as a distinguished jurist, or has worked in a gazetted first class or higher post of the judicial service for at least 12 years, is considered eligible for appointment to the post of a Supreme Court judge. If the Supreme Court issues an interim order during the hearing today, questions will arise about Kandel as the Attorney General.
