Apex Court vacates stay against swearing-in of 3 NA members

KATHMANDU: The Supreme Court on Wednesday vacated the interim stay order which barred government from administering the oath of office and secrecy to the three newly appointed members to National Assembly (NA).

Meanwhile, the Court has sent the case to constitutional bench.

Earlier, KP Sharma Oli-led government had nominated three members — former Vice Chairman of National Planning Commission (NPC) Yubaraj Khatiwada (Jhapa), CPN Maoist Centre lawmaker Ram Narayan Bidari (Makwanpur), and former NPC member Bimala Poudel Rai (Morang) to the NA.

Gopal Basnet, Chandani Joshi and Krishna Prasad Paudel, who were earlier nominated to the NA by the erstwhile government, had filed a writ at the Supreme Court challenging government’s decision to appoint three new members to the NA.

The Deuba-led government had appointed three members to the NA as per the Article 86 Sub Article 2 and Clause ‘B’ of the Constitution, on February 09, 2018.

However, President Bidya Devi Bhandari had revoked Deuba-led government’s decision on the nomination of members to the NA.

Despite Court's stay order, Former NRB Governor Yubaraj Khatiwada was inducted to the cabinet by Prime Minister KP Sharma Oli on Februray 26, 2018 as the Finance Minister.

 

Curious case of Finance Minister Yubaraj Khatiwada

  • Article 78 of the constitution has a provision for appointing a person who is not a member of the federal parliament as a minister.

  • The president may, on the recommendation of the prime minister, appoint as deputy prime minister, minister, minister of state or assistant minister a person who is not a member of the Federal Parliament, provided s/he becomes a member of the Federal Parliament within six months of being sworn in as minister.

  • In case s/he fails to get the membership of the Federal Parliament, s/he will not be eligible for reappointment as minister during the tenure of the existing House of Representatives

 

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