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Hearing on petition against constitutional appointments deferred again



KATHMANDU: The Supreme Court has once again postponed the hearing on the petition challenging the appointment of 52 officials to constitutional bodies, made through an ordinance during KP Sharma Oli’s tenure as Prime Minister in 2020.

Although the case was scheduled for a hearing at the constitutional bench headed by Chief Justice Prakashman Singh Raut on Wednesday, it was deferred due to a lack of time. The petition, originally filed on November 16, 2020, has faced repeated delays.

Senior advocate Dinesh Tripathi and advocate Om Prakash Aryal filed the petition in December 2020, claiming that the appointments were unconstitutional and demanding their annulment.

In March 23, 2022, the court issued a show-cause order regarding the appointments. Subsequently, in June 21, 2022, the Supreme Court ordered all related cases to be consolidated and the defendants to be notified.

The court later directed that officials who had not been served summons be notified in July 27, 2022. Despite multiple listings, the case has been repeatedly deferred.

The latest deferral occurred on September 4, 2024, with the case being labeled “not to be heard” due to procedural reasons.

The petition names 52 appointees, along with the Office of the President, the Prime Minister’s Office, and other relevant bodies.

Oli appointed officials to several constitutional bodies, including the Commission for Investigation of Abuse of Authority, the National Human Rights Commission, and the Election Commission, following amendments to the Constitutional Council Act via an ordinance. Among the appointees, some, such as Dr. Ram Krishna Timalsina, Chairperson of the Inclusion Commission, and Jaya Ghimire, Member of the Women Commission, have already retired due to age limits. Others are nearing the end of their six-year term.

The case continues to attract attention as a significant constitutional and legal matter, with calls for the judiciary to address the petition promptly.

Publish Date : 01 January 2025 17:19 PM

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