SC verdict on royal ministers’ plea on September 10

Kathmandu, August 30:

The Supreme Court said today it will decide whether or not to issue a stay order against the government authorities that have debarred the Rayamajhi Commission-indicted from contesting the November constituent assembly elections on September 10.

The Rayamajhi Commission-indicted had appealed to the SC to issue a stay order against the authorities. A single bench of Justice Tahir Ali Ansari issued the order following today’s initial hearing. The bench summoned the Parliament Secretariat, Speaker Subas Nembang and the Election Commission to attend the hearing on September 10.

The bench also issued show cause notices to the authorities to submit their written affidavits within 15 days on why they have barred the Rayamajhi Commission-indicted from the polls. The bench was responding to a writ petition filed by former ministers of king Gyanendra-led cabinet challenging a provision of Constituent Assembly Member Election Act 2007. Former home minister and leader of the Rastriya Prajatantra Party Nepal, Kamal Thapa, and former information and communications minister Tanka Dhakal are among those who moved the apex court. As per Clause 19 (G) of the Act, they have been debarred from contesting the polls.

Claiming that the provision was against the spirit of the Interim Constitution 2007, they sought the apex court order to declare Clause 19 (G) of the Act null and void. The petitioners also claimed that the provision of the 2007 Act contradicts with Articles 12 (1)(2)(3), 13 (1)(2) and 24 of the Interim Constitution and the Act has violated their right to lead a dignified life in the country as citizens.