SC rejects writ petition against poll postponement
Kathmandu, October 10:
The Supreme Court today refused to register a writ petition forwarded by a group of people demanding its order to the government and the Seven Party Alliance to hold the Constituent Assembly elections on November 22.
Citing a constitutional provision, which states that the CA polls will be conducted by December
2007 (within Mangsir 2064 BS), a group of people, including MS Thapa, had produced a writ petition at the apex court.
Since a clause in the Responsibilities, Directive Principles and Policies of the State in the interim constitution states that CA polls will be held within Manghir, the decision to put off the polls was an unconstitutional move, the petitioners said.
Article 33 (a) of the interim constitution reads: To focus all its attention to conduct a free and impartial election for the members of the Constituent Assembly within Mangsir 2064 (by mid December, 2007), acknowledging the matter to practical guarantee that the sovereign powers of the State inherently lies upon the Nepali people.
SC registrar Ram Krishna Timalsena, however, rejected the petition, saying that the provision is under the principle of state responsibility and it is not a justiciable matter. The petition was rejected as per Section 27 of the Court Management Chapter of Muluki Ain, 1963, and Rule 27(2) of the SC Regulation 1992.
Prime Minister Girija Prasad Koirala, the Prime Minister’s Office and Cabinet (PMO) and the seven parties — Nepali Congress, CPN(UML), Nepali Congress (Democratic), Janamorcha Nepal, Nepal Sadbhavana Party (Anandidevi), Nepal Majdur Kisan Party, Samyukta Bam Morcha Nepal, CPN (Maoist) and the Election Commission were made the defendants in the writ petition. Stating that it was an unconstitutional decision taken by the EC and
the government to put off the election scheduled from November 22, the petitioners had sought the apex court order to the government to hold the CA polls on schedule.