SC moved to press prez to endorse ordinance
Kathmandu, December 28
A writ petition was filed today at the Supreme Court demanding that the National Assembly Election Ordinance sent to the president be endorsed by the head of state.
The petitioner, Advocate Yagya Mani Neupane, has also demanded that a new prime minister should be elected only after the National Assembly election. He also demanded that governors of states be appointed soon.
The petitioner has named Office of the President, Office of the Prime Minister and Council of Ministers, the Election Commission, the Nepali Congress, the CPN-UML and the CPN-Maoist Centre as defendants.
The petitioner has argued that as per the constitutional provisions, the president cannot reject or return an ordinance sent by the government.
The petitioner said as per Article 93 (1), the president should call a joint session of the Parliament and not just the session of the Lower House.
As per Articles 66 and 114 of the constitution, the president must endorse an ordinance sent by the government, Neupane pointed out in his petition. “A constitutional crisis can arise if the House of Representatives, the National Assembly and the provincial assemblies are not formed by January 21.
Stating that the wisdom of the Cabinet is the wisdom of the president, the petitioner said the president should not get embroiled in party politics. “The president has not issued the ordinance at the instigation of the opposition parties or due to her vested interest, creating political instability,” the petitioner said.
He added that the Parliament should have 33 per cent women representatives and since the EC would have to ask parties to meet the shortfall, if any, under the House of Representatives PR electoral system, National Assembly election should be held before the EC announced the final results of the PR elections.
The petitioner argued that only after NA election would the poll panel be able to know how many women candidates the parties needed to send under PR system to ensure 33 per cent representation of women in the Parliament, which consists of two houses — the House of Representatives and the National Assembly.
Writ filed at SC demanding National Assembly Election prior to new govt formation
KATHMANDU: A writ petition has been lodged at the Supreme Court (SC) on Thursday seeking an order to stop formation of a new government without establishing the National Assembly.
Advocate Yagyamani Neupane has registered a writ petition naming Office of the Prime Minister and Council of Ministers, and Election Commission as the defendants.
The major parties—CPN (UML), CPN (Maoist Centre) and Nepali Congress and Office of the President have also been named as the defendants.
The writ petitioner has demanded not to form the new government as well as not to appoint the state chiefs without constituting the National Assembly.
In his writ petition, Neupane has demanded immediate issuance of the ordinance on constitution of the National Assembly from the President and preventing the EC from releasing the final results of the proportional electoral system until the passage of the ordinance and not advancing the prime minister's election process until the passage of the ordinance.
Likewise, he has sought interim order from the SC within 24 hours stating that House of Representatives cannot be formed without the results of the National Assembly.