The writ petition seeks an interim order to prevent KC and Aryal from performing any work as MPs.
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A writ petition has been filed in the Supreme Court against senior member of the House of Representatives and Congress MP Arjun Narsingh KC and UML MP Padma Aryal.
Social justice activist Khajanti Mahatto filed the writ on 17 Chaitra, claiming that the decision to make them MPs should be nullified. The said writ has been scheduled for hearing on Wednesday. The writ petitioner Mahatto has claimed that the appointment of KC and Aryal is a violation of the constitution and is contrary to the decisions of the Supreme Court.
The writ states that they are people who have repeatedly received opportunities and have used state power in the past. The writ states that since such people were appointed through the proportional system, they should be nullified.
It has also been claimed that making them MPs is against the provisions of Article 42 of the constitution.
Contrary to the interpretation given by the Supreme Court in the cases of Balkrishna Neupane vs. Federal Parliament, Ganesh Panjiyar vs. Medical Education Commission, and Khajanti Mahatto vs. Government of Nepal, the writ claims that the two major political parties, Congress and UML, made them MPs.
In Neupane's case, the Constitutional Bench had asked that those who had once had an opportunity not be given another opportunity through proportional representation and that a law be made for that. In Panjiyar's case, it was explained that the 'Tarmara' class should not be given an opportunity repeatedly and those who can be reached should not get an opportunity.
In Mahatto's writ, it was asked to implement the right to social justice and give an opportunity to the lower classes through proportional representation. Similarly, the writ petition claims that Article 42 of the Constitution states that those who are economically, socially or educationally backward will have the right to participate in state bodies on the basis of proportional inclusion policy, but the writ petition claims that it has been made against those who have repeatedly benefited from the election of MPs and have already become ministers and MPs.
The writ petition seeks an interim order to prevent KC and Aryal from doing any work as MPs. The writ petition also names the Office of the Prime Minister and Council of Ministers, the Federal Parliament, the Election Commission, the Congress, the UML, KC and Aryal as defendants.
