The final hearing of the case against the constitutional appointments made during the CPN (UML) Chairman KP Sharma Oli-led government is today.
In the case against 52 officials appointed in various constitutional bodies during the then KP Sharma Oli-led government, the final hearing is being held today in the constitutional bench of the Supreme Court.
When Oli was the Prime Minister, a writ petition was filed in the Supreme Court saying that names were recommended for the appointment of constitutional officials by holding a meeting of the Constitutional Council based on the ordinance.
After hearings in this case were affected repeatedly, the Supreme Court on July 27, 2022 ordered to make arrangements so that the hearing will not be postponed and the case will not be adjourned. The final hearing of the same case has been set for today (Wednesday).
When the controversy was raging in the then Communist Party of Nepal, Prime Minister KP Sharma Oli held a meeting of the Constitutional Council on December 15, 2020, in which Speaker Agni Prasad Sapkota and then leader of the main opposition party Nepali Congress Sher Bahadur Deuba did not participate.
And on the same day, the Oli government issued an ordinance related to the Constitutional Council (Work, Duties, Rights and Procedures) by providing that the decision can be taken by the majority of the permanent members in the Constitutional Council.
Since there was no Deputy Speaker at that time, there were only 5 members in the Constitutional Council. Based on this, only the then Chairman of the Council and Prime Minister Oli, Chief Justice Cholendra Shamsher Jabara and National Assembly Speaker Ganesh Prasad Timilsina attended the meeting and recommended appointment to the constitutional commissions.
The recommendation was sent to the Parliament Secretariat on December 20, 2020 for a parliamentary hearing. On the same day, then Prime Minister Oli dissolved the House of Representatives.
The petitioner claims that the appointments made by bringing an ordinance are unconstitutional so that decisions can be made by the majority of the Constitutional Council. Earlier, there was a controversy that Chief Justice Cholendra Shamsher JB Rana could not sit in the hearing because he was impeached.
One side had filed a writ claiming that Cholendra Shamsher should not sit and the other side had filed a writ claiming that the constitutional bench could not sit without the Chief Justice. After the hearing of the same writ, the constitutional bench itself was affected.
However, with Chief Justice Rana suspended due to impeachment, the writ petition is about to be heard.
