KATHMANDU: Hearing on the writ petition filed filed against Nepal Communist Party Vice Chairman Bamdev Gautam for his nomination to the National Assembly (NA) has begun.
A single bench of Justice Ananda Mohan Bhattarai is hearing the case.
Senior Advocate Dinesh Tripathi had filed the writ petition against Gautam arguing that nominating a defeated candidate in the House of Representatives elections to the NA as a lawmaker breaches the Constitutional provisions and undermines the people’s mandate.
“Nominating a candidate who faced a defeat in the House of Representatives to the National Assembly undermines the people’s mandate. Besides, this act also breaches Article 2 of the Constitution of Nepal,” reads the writ petition filed by Tripathi.
President Bidhya Bhandari nominated Gautam as the NA lawmaker in line with the cabinet’s decision on September 17.
Gautam was nominated to the NA as per Article 86 (2) of the Constitution of Nepal.
Nomination of Gautam who lost the elections in the House of Representations held in 2017 breaches Article 2 which states that the sovereignty and state power rest with the citizens of Nepal.
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