Nepal | November 19, 2018

SC refuses to issue stay order on Jha’s appointment as chief attorney of Province 2

Himalayan News Service

Kathmandu, February 22

The Supreme Court today refused to issue stay order against the appointment Dipendra Jha as the chief attorney of Province 2.

A single bench of Chief Justice Gopal Parjuli had issued a show cause notice to the defendants.

A writ petition was filed by advocates Madhur Pathak and Dilli Prasad Neupane challenging Jha’s appointment. They had also demanded that an interim order be issued.

Petitioners had named the Office of the Chief Minister of Province 2, Secretariat of Chief Minister of Province 2 and Jha as defendants, among others.

The petitioners in their writ claimed that Jha did not meet eligibility criteria to be chief attorney.

Article 140 (2) of the constitution stated that any citizen of Nepal who has obtained a bachelor’s degree in law and served as a judge of a District Court for at least five years or who has obtained a bachelor’s degree in law and constantly practiced law as a senior advocate or advocate for at least ten years or who has constantly been engaged in teaching or research in law or any other field related to law or justice for at least ten years or who has served in the post of at least gazetted first class officer in the Judicial Service for at least five years shall be deemed qualified for appointment as the chief judge or a judge of the High Court.

Governor Ratneshwar Lal Kayastha had appointed Jha as chief attorney of Province 2 on February 16 on the recommendation of Chief Minister M Lal Babu Raut.

 


A version of this article appears in print on February 23, 2018 of The Himalayan Times.


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