KATHMANDU: The Supreme Court (SC) has issued an interim order barring Nepal Communist Party (NCP) Vice Chairman Bamdev Gautam to serve as a National Assembly (NA) member.
Hearing on the writ petition filed against Gautam for his nomination to the National Assembly, a single bench of Justice Ananda Mohan Bhattarai issued the interim order to this regard.
With this, Gautam will neither be allowed to work on the capacity of a NA member nor will permit him to join the cabinet.
“Such constitutional dispute is brought before SC for the first time after the promulgation of the existing constitution. This dispute can be settled by taking into account the constitutionalism, accountability to sovereign citizens, democratic system, good governance, constitutional policy and principles of constitutional morality, thereby setting example of permanent constitutional recognition for long term,” the order mentions.
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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