Kathmandu, August 23
Constitutional Bench of the Supreme Court today issued show cause notice to six provinces — Province 2, Province 3, Gandaki Province, Province 5, Karnali Province and Sudurpaschim Province — for allowing the local governments to provide pay and perks to office bearers and members of the local levels.
These provinces had enacted laws to allow local governments to provide pay and perks to the office bearers and members of the local governments. Advocate Lokendra Bahadur Oli had filed a case against these six provinces on August 19. The SC heard arguments from both sides on whether or not an interim order should be issued against the provinces.
The petitioner has named the governments of Province 2, Province 3, Gandaki Province, Province 5, Karnali Province and Sudurpaschim Province as defendants. The petitioner has also named the Ministry of Internal Affairs and Law of those provinces as defendants.
The petitioner argued in his writ petition that the provincial governments had no power to enact laws that allowed elected officials of the local governments to draw monthly salary/remuneration, but they exceeded their brief by enacting laws allowing the office bearers and members of local levels for the same.
Oli told THT that he did not include Province 1 among the defendants as the province had made its law to allow office bearers and members of local levels to draw only perks, not salary.
The petitioner stated in his writ that the constitution allowed members of the federal Parliament, speaker, deputy speaker, members of provincial assemblies, speaker and deputy speakers of provincial assemblies to draw pay and perks, but unlike these provisions, the constitution provides rights for office bearers of local levels to receive only perks, not salary.