Apex court stays swearing-in of 3 National Assembly members

KATHMANDU: The Supreme Court on Sunday issued an interim order to the government to hold the oath taking ceremony of the three newly appointed members to National Assembly (NA).

A single bench of Justice Prakash Man Singh Raut issued the order to this effect today.

KP Sharma Oli-led government had nominated three members — former Vice Chairman of National Planning Commission (NPC) Yubaraj Khatiwada (Jhapa), CPN Maoist Centre lawmaker Ram Narayan Bidari (Makwanpur), and former NPC member Bimala Poudel Rai (Morang) to the NA.

Gopal Basnet, Chandani Joshi and Krishna Prasad Paudel, who were earlier nominated to the NA by the erstwhile government filed a writ at the Supreme Court challenging the government decision of appointing three new members to the NA.

The Deuba-led government had appointed three members to the NA as per the Article 86 Sub Article 2 and Clause 'B' of the Constitution, on February 09, 2018.

However, President Bidya Devi Bhandari had revoked Deuba-led government's decision on the nomination of members to the NA.

In the decision today, the Apex court said, there is no constitutional provision allowing the President to annul government's decision over NA nomination.

Likewise, the President does not have constitutional authority to exercise executive power nor any rights to turn down government's decision.

So, the Supreme court today issued the order as per the Rules 49.2 'B' of Regulations 2018 to defendants and Federal Parliament Secretariat to hold the swearing-in of new members on March 4.

As per the constitutional provision, the head-of-state is entitled to nominate three members to the NA including a woman under the recommendation of the government.