Kathmandu, February 23
Three persons who were recommended by the Sher Bahadur Deuba-led government as members of the National Assembly, but whose nominations were cancelled by KP Sharma Oli government, today filed a writ petition at the Supreme Court demanding that they be nominated to the NA.
The Deuba-led government had on February 9 nominated Gopal Basnet, Krishna Prasad Paudel and Chandani Joshi to the Upper House of the Parliament. The Oli government, however, cancelled the Deuba government’s recommendations and nominated three persons — Ram Narayan Bidari, Bimala Rai Paudyal and Yubraj Khatiwada whose names were immediately endorsed by President Bidhya Devi Bhandari.
Basnet, Paudyal and Joshi have urged the court to prevent three Oli government’s nominees from taking the oath of office and secrecy.
The petitioners have said that the president was supposed to act on the government’s advice and recommendations but in this case, she acted as if she had executive powers. They said the president had powers to reject a recommendation made by a legitimate government.
They have also argued that the Oli government had no constitutional or legal powers to rescind the recommendations made by the previous government. The petitioners have argued that the president acted in violation of the Article 61 (3) of the constitution when she ignored the Deuba government’s decision and endorsed the Oli government’s decision.
They have argued that the Deuba government had the mandate to hold elections and the NA nominations was part of this duty which could not be rescinded by a new government formed after the elections. They stated in their writ petition that their right to be the members of the NA could not violated just because the president did not act on the government’s recommendations.
The petitioners have urged the SC to quash all decisions of the Oli government to rescind the Deuba government’s decision to nominate them to the NA.
The petitioners have named the Office of the President, the Office of the Prime Minister and Council of Ministers, Parliament Secretariat, and the National Assembly as defendants.
A version of this article appears in print on February 24, 2018 of The Himalayan Times.