KATHMANDU: A single bench of the apex court has ordered to register a writ petition seeking suspension of the local body elections scheduled to be conducted all over the country on May 13.
Hearing on the writ petition filed at the Supreme Court (SC) bench by the mayor of Bhangaha Municipality of Mahottari, Samrit Kumar Sah, a single bench of justice Ishwar Prasad Khatiwada directed the SC administration to register Shah’s writ and make room for further legal procedure as the concerns raised by the petitioner deserve further consideration.
“It is reasonable to decide on the duration of the term of office of a local level official, ie the date on which the term of office should expire by interpreting the provisions of the constitution and law. It does not seem appropriate to settle such issues related to the interpretation of the constitution and the law by deciding at administration level without entering the judicial process. Therefore, the order of the Registrar of this court dated February 9 has been revoked,” Justice Khatiwada’s bench said on Wednesday.
Earlier, Mayor Sah had tried to file the writ petition arguing the government’s announcement to hold the local level election at May 13 contradicted to the provisions of the Article 215 and 216 of the Constitution.
Sah argued that as his tenure would expire only in November, the May 13 election would not let his terms in office mature officially.
However, SC administration had ruled that there was no room for questioning in the election commission consent to hold the election counting the five year term from the date of first phase election on May 14, 2017.
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