Nepal | October 22, 2020

Supreme Court tells government not to induct Gautam in Cabinet

He will not be able to act as a member of the National Assembly until September 30

Himalayan News Service
Share Now:

The Supreme Court today ordered the government not to induct Bamdev Gautam in the Cabinet or assign him any such post till the apex court issued another order in the case. Gautam was recently nominated to the National Assembly by the president on the government’s recommendation.

SC Registrar Bhadrakali Pokharel said Gautam would not be able to act as a member of the National Assembly until September 30 when the court would decide whether or not it should issue an interim order on a petition challenging Gautam’s appointment to the NA.One of the petitioners told THT that the apex court raised moral question against Gautam’s nomination, making it difficult for Gautam to shoulder responsibility as a member of the Upper House.

The order was passed by a single bench of Justice Ananda Mohan Bhattarai in response to a writ petition filed by Senior Advocate Dinesh Tripathi, challenging the government’s decision to nominate Gautam to the Upper House.

The court also referred the case to the constitutional bench and issued a show cause notice to the government. The court observed that Tripathi and another petitioner, Badri Raj Bhatta, who had also challenged the government’s decision to nominate Gautam to the NA, had wondered whether or not the government had sincerely obeyed articles of the constitution, including Articles 2, 74, 78 (4), 1 (2), 3, 51 (1) 61 (4) and 66, while nominating Gautam to the NA.

The apex court observed that it needed to hear arguments of defendant Gautam before taking a decision on whether or not an interim order should be issued against the nomination of Gautam to the NA.

Tripathi had sought an interim order against Gautam, urging the court to bar him from acting as NA member and becoming a minister.

The bench referred the case to the constitutional bench saying there were constitutional questions to be settled in the case.

The bench observed that since such a case was filed at the apex court for the first time, a decision should be taken on the basis of constitutionalism, question of accountability to the sovereign people, democratic methods, constitutional policies and the principle of constitutional morality so that the court could set a permanent constitutional value regarding all those issues.

A version of this article appears in e-paper on September 24, 2020, of The Himalayan Times.

Follow The Himalayan Times on Twitter and Facebook

Recommended Stories:

More from The Himalayan Times:

Bill Cosby, now 83, grins in newly released prison mug shot

HARRISBURG: A newly released prison mug shot shows Bill Cosby smiling with a disposable mask hanging off his face. The Pennsylvania Department of Corrections recently updated Cosby’s mug shot, something routinely done to document changes to inmates' appearance as they age. Cosby's new photo was Read More...

Claims of tuin-free Nepal mean nothing but shallow promises for Jajarkot residents

JAJARKOT: Five years ago, during his first stint as the Prime Minister, KP Sharma Oli had declared that he would displace the tuin, rope bridges, from the country within two years. It was the first decision taken by the Oli administration on assuming office in September 2015. The budget presentat Read More...

Late night shooting in Houston club kills three, fourth critical

A late night shooting at a midtown club in the Texas city of Houston killed three men and injured a fourth critically, the police said, just hours after another incident in which a police officer was killed with shots to the head. On Twitter, police said the injured man was taken to hospital Read More...

Siraha's teachers, govt employees yet to get four months' salary

SIRAHA: As the biggest festival of Nepali Hindus 'Bada Dashain' is being celebrated, Naraha Rural Municipality in Siraha district has not yet provided the teachers and other employees with salaries for the last four months. The rural municipality's chairperson Ramsharan Yadav said the employees h Read More...

Nigeria's Lagos state governor says no fatalities from Lekki shooting

LAGOS: Nigeria's Lagos state governor said on Wednesday there were no fatalities recorded from a shooting in the suburb of Lekki. He described the shooting as people protested against police brutality on Tuesday night as among the "darkest hours from our history as a people."   &nb Read More...

Nepal records highest single-day Covid-19 cases; total count hits 144,872 with 5,743 new infections

KATHMANDU: Nepal registered 5,743 additional cases of coronavirus infection taking the nationwide Covid-19 tally to 144,872 on Wednesday. There are currently 44,476 active cases of infection. Of the active cases, 14,676 patients are in institutional isolation while 29,800 in home isolation. Meanw Read More...

Highest ever single-day deaths reported in Nepal, total fatalites close to 800

KATHMANDU: Nepal on Wednesday recorded highest single-day deaths from coronavirus-infection, its covid death toll inching closer to 800. Twenty-six more coronavirus-related fatalities were reported in the last 24 hours in the country after which the total number of fatalites from the disease sta Read More...

Kathmandu valley registers whopping 3,107 new infections, 2,391 in capital alone

KATHMANDU: A total of 3,107 new cases of coronavirus infection have been reported in the three districts of Kathmandu Valley on Wednesday. Among the newly infected, 2,391 cases were registered in Kathmandu alone. Meanwhile, 543 and 173 cases were detected in Lalitpur and Bhaktapur respectively. Read More...