KATHMANDU, MAY 16
Senior Advocate Chandra Kanta Gyawali and advocates Lokendra Oli and Keshar Jung KC have questioned the reappointment of Cabinet ministers Ram Bahadur Thapa, Lekhraj Bhatta, Top Bahadur Rayamajhi, Mani Chandra Thapa, Gauri Shankar Chaudhary, Dawa Tamang, and Prabhu Sah, who were sworn in on May 14.
The petitioners have argued that they were not members of the Parliament and their appointment violated the constitution.
They argued that all seven were appointed earlier also without being members of the Parliament and their term expired when the PM lost the vote of confidence.
Article 78 (2) of the constitution allows people who are not members of the Parliament to be appointed as ministers on the condition that they will be elected to the Parliament within six months. However, the petitioners argued that Article 78 (2) did not apply to these seven ministers as non-lawmakers could become ministers without getting elected to the Parliament only once.
The petitioners have urged the court to relieve them of their posts. They have also argued that the president violated the constitution by appointing Ram Bahadur Thapa as minister since he was contesting the National Assembly election and the election code of conduct was in effect.
A version of this article appears in the print on May 17, 2021, of The Himalayan Times.
