UML, Maoist MPs file impeachment motion against Karki

KATHMANDU: More than 150 lawmakers of CPN-UML and CPN Maoist Centre have filed an impeachment motion against the Commission for the Investigation of Abuse of Authority Chief Lok Man Singh Karki, UML Chief Whip Bhanubhakta Dhakal said.

The motion was registered with 157 lawmakers as signatories, which is more than one fourth of the total strength of House, at the Parliament Secretariat this evening in accordance to Article 101 of the Constitution, he informed.

Maoist lawmaker Mahendra Bahadur Shahi is the proposer and Dhakal the seconder of the impeachment motion.

The charges against the CIAA chief include exercising extra-jurisdiction power, Dhakal informed.

Speaker Onsari Gharti Magar later told the BBC Nepali Service the House would follow the provisions in the Constitution and the Parliamentary Regulations apropos to the motion.

After the commencement of impeachment proceedings under the Article 101.2, according to the Article 101.6, the chief or official of any constitutional body shall not be allowed to discharge the duties of his or her office pending the settlement of such proceedings.

The person who is charged with impeachment, however, shall be provided with a reasonable opportunity to defend himself or herself, the Article 101.7 says.

Article 101 of the Constitution

101.2. Impeachment: One fourth of the total number of the then members of the House of  Representatives may move a motion of impeachment against the Chief Justice of Nepal or a Judge of the Supreme Court, member of the Judicial Council, chief or official of a Constitutional Body on the ground of his or her failure to fulfil his or her duties of office because of serious violation of this Constitution and law, incompetence or misconduct or failure to discharge the duties of office honestly or serious violation of the code of conduct. If the motion is passed by at least two thirds majority of the total number of the then members of the House of Representatives, the concerned person shall relieve of his or her office.

101.6 After the commencement of impeachment proceedings under clause (2), the Chief Justice of Nepal or Judge of the Supreme Court, member of the Judicial Council, chief or official of the Constitutional Body shall not be allowed to discharge the duties of his or her office pending the settlement of such

proceedings.

101.7 A person who is charged with impeachment under clause (1) or (2) shall be provided with a reasonable opportunity to defend himself or herself.

Just today, the Parliament had formed an 11-member Impeachment Recommendation Committee to decide whether and which of various impeachment proposals to be filed at the Parliament Secretariat be discussed at the full House.

Meanwhile, Karki who was on a visit to Canada returned home this evening.

Earlier on Tuesday, the Supreme Court of Nepal had pasted a notice at his Baneshwar-based house to summon him for the review of a case that has challenged his appointment at the constitutional body.

Karki, who was appointed as the chief of the anti-graft constitution body for six years in May 2013 amid big controversy, will now have to be present himself before the apex court or send his representative within 15 days.

Earlier, advocate Om Prakash Aryal had filed a writ petition challenging Karki’s appointment.  A division bench, however, on September 24, 2014 quashed Aryal’s petition that sought revocation of Karki’s appointment.

Tribhuvan University Teaching Hospital's senior orthopaedic surgeon Dr Govinda KC has been demanding that Karki be impeached as he misused his constitutional position in order to promote corruption in Nepal's medical education sector.

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