KATHMANDU: The Supreme Court on Monday endorsed the then Chief Justice Khil Raj Regmi's appointment to the position of the Chairman of Interim Council of Ministers to hold the Constituent Assembly elections.

The verdict comes around two years and a month after Regmi quit the position after the Constituent Assembly elected the new government led by the then Nepali Congress President Sushil Koirala.

The Constitutional Bench comprising Chief Justice Kalyan Shrestha, Justices Sushila Karki, Baidyanath Upadhyaya, Gopal Parajuli and Om Prakash Mishra annulled the writ today filed by advocates Chandra Kanta Gyawali and Om Prakash Aryal.

The bench observed that the writ did not have any relevance as the Council already concluded the elections, after which the CA already promulgated the Constitution.

"As the controversial issue of the time of the writ registration is no longer in existence in the changed context," the verdict read, "it is not deemed necessary to explain more from the writ."

Chief Justice Shrestha and Justice Karki, however, registered a differing view in the majority's decision and maintained that the move was against the Interim Constitution, principles of separation of power and check and balance.

They reminded the  defendants in the case, including the President, not to repeat such acts in the future.

"Such experiments should not be repeated in future for a happy and positive constitutional development."

Regmi on March 14, 2013 was appointed the Chairman of the Council of Ministers after the then Prime Minister Baburam Bhattarai's resignation. His Cabinet was mandated to hold the second CA elections to complete the task of Constitution writing.

Accordingly, the Regmi-led Council held the polls on November 19, 2013, which held the first meeting on January 22, 2014.

Regmi stepped down from the top executive position in February 2014, few days before NC President Koirala, as the leader of the largest party in the House, was elected the Prime Minister.

Advocates Gyawali and Aryal on February 26, 2013, had filed the writ demanding that the appointment made by the then President Ram Baran Yadav be cancelled.