KATHMANDU: The constitutional bench of Supreme Court will conduct the hearing on two writ petitions filed against nomination of vice-chair of the ruling Nepal Communist Party (NCP) Bamdev Gautam to the National Assembly, today. Media expert at the apex court, Kishor Paudel, told THT Online that the SC constitutional bench will be conducting the hearing on the case from today. Paudel informed that the constitutional bench includes judges Deepak Kumar Karki, Hari Krishna Karki, Bishwambhar Prasad Shrestha and Ishwor Khatiwada, led by Chief Justice Cholendra Shumsher JB Rana. Gautam, who had lost the House of Representatives election in the last general election from his home constituency of Bardiya-1, was nominated by the President to the Upper House of the parliament on the recommendation of the government, on September 17. Senior advocates Dinesh Tripathi and Badriraj Bhatta have argued that as per constitutional provision, a person who was defeated in the House of Representatives election could not become a minister during the current tenure of the HoR and hence Gautam’s nomination to the Upper House of the Parliament was against the spirit of the constitution. A single bench of the SC had earlier ordered the government not to assign extra constitutional responsibility to Gautam and to maintain status quo on the issue till the court decides whether or not there is a need for issuing an interim order in the case. Joint Attorney Sanjeeb Raj Regmi defended the government’s decision to nominate Gautam to the Upper House arguing that the National Assembly Election Act had not disqualified Gautam from being nominated to the Upper House. Former attorney general Yubaraj Sangraula, senior advocate Raghav Lal Baidya, and former president of Nepal Bar Association Sher Bahadur KC pleaded on behalf of Gautam.
SC’s constitutional bench to conduct hearing on NCP leader Gautam’s case today
Published: 02:30 pm Nov 11, 2020