Apex court begins hearing on CA constitutionality
Kathmandu, June 8:
The Supreme Court today started hearing on a writ petition challenging the implementation of the republican agenda by the first meeting of the Constituent Assembly on May 28.
A single bench of Justice Damodar Prasad Sharma heard the arguments today.
Pleading on behalf of the writ petitioner, advocate Bishnu Luitel claimed that implementation of the republican order lacked constitutionality and that there was an urgent need for intervention by the apex court.
“As per the constitution, the CA is incomplete. How can it take the decision to implement the republican order?” the advocate questioned.
“It was unconstitutional to convene CA even before its complete composition. This is a constitutional lapse and an apex court intervention is required,” the advocate said, adding:
“The apex court should not escape the issue citing its political nature.”
Bharat Raj Ojha, general secretary of Nepali Janata Dal had filed the writ petition challenging the constitutionality of the CA decision.
The petitioner has also sought the apex court stay order on implementation of the republican agenda and sought to elect President and Vice-President only after the appointment of the 26 CA members.
The hearing is scheduled to continue tomorrow.