Kathmandu, June 29:
The Supreme Court today upheld the decision of the first meeting of the Constituent Assembly on May 28 that implemented republican agenda in the country.
Had the CA meeting not convened within 21 days of announcement of the final results of the CA election, other provisions in the Interim Constitution of Nepal, 2007, would have become ineffective, but since the meeting was held on time, there is no question of unconstitutionality, the bench ruled.
The bench also ruled out the need to issue show cause to the CA and the government on the May 28 CA decision.
A single bench of Justice Damodar Prasad Sharma issued the judgment quashing the writ petition that challenged the May 28 decision of the CA. The petitioner had claimed that the decisions made by the CA, without appointment of all its members, would be invalid. "Article 69 of the Interim Constitution states that the first meeting of the House should be convened within 21 days of declaration of the CA results and had authorised the Prime Minister to summon the session. The CA proceedings would have become unconstitutional if the session were not convened on time," the bench said.
The bench stated that the first meeting of the CA was not unconstitutional even without nomination of 26 members.
The bench cited Article 74 of the Interim Constitution to justify the ruling.