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Supreme Court seeks govt stance on CA reinstatement

Added At:  2012-07-15 11:54 PM  

Last Updated At: 2012-07-16 11:54 PM

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HIMALAYAN NEWS SERVICE

KATHMANDU: The Supreme Court today issued a show cause notice in the name of the government and parliament on the demand for reviving the dissolved Constituent Assembly (CA).

A single bench of Chief Justice Khil Raj Regmi issued the order following today’s hearing in response to a Public Interest Litigation filed by Sarita Giri, chairperson of the Nepal Sadbhavana Party (Anandi Devi) and former lawmaker, seeking revival of the dissolved constitution writing body.

The apex court gave 15 days to the defendants — the Prime Minister’s Office, Office of the President, Parliament Secretariat, Chairperson and Deputy Chairperson of the dissolved CA and heads of major political parties after receiving the order.

Giri had argued that the government’s May 27 decision to hold fresh CA elections was wrong because it is the prerogative of the CA and not the government to decide what it should do in the event of failure to promulgate a new constitution — whether to hold the next CA elections, referendum or seek any other constitutional remedies as suggested by the apex court.

Arguing that Article 82 of the constitution does not speak about the absence of parliament in any case, Giri said the government withdrew its proposal to extend the term of the CA on May 27, but doing so without letting CA members debate on the issue was against the spirit of the Constitution and parliamentary norms. The petitioner further said ruling the country through ordinances would be against the spirit of the Constitution and parliamentary norms. She has asked the apex court to issue directive to the President not to amend any provision of the Interim Constitution through ordinance. The petition has also sought an order to the Election Commission to stop all preparations for the next CA elections.

Comments1

Posted on: 2012-07-17 19:21:14

It is amazing to see how the politicians from the small parties like Sarita Giri, chairperson of the Nepal Sadbhavana Party, claim to know the spirit of the interim constitution. What is more amazing is how anybody can come before the Apex Court in the name of the public interest and cause the court to summon the defense of it's actions on such a momentous matter. Does anybody really believe that Giri just happened to think of this after stumbling from morning bed and having tea? No, this is a carefully laid action to have the CA revived which is apparently the aim of the current government. Why does the maoist led government of Prachanda and PM Bhattrai want the CA revived? This is the critical question. Do they really believe they have enough capital with the old members of the CA positioned on that chessboard to get their way with a new constitution? No, it would be better for fresh elections to be held with fresh, uniased faces who have not been bribed or coerced by any of the parties and whom owe no favors to anybody. They would understand that the party leaders have failed miserably to bring the constitution and should not be listened to in any way. Perhaps it is this very thing that the Maoists, NC and CPN-UML are mortally afraid of... Suraj Rajbhandhari, Putali Sadak, Kathmandu | Report Abuse

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