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Speaker Sapkota says he moved SC to defend constitution



KATHMANDU: Speaker Agni Sapkota has said that he has filed a writ petition at the Supreme Court (SC) alleging that the appointment to constitutional bodies is unconstitutional.

After filing a writ petition at the apex court on Friday, Speaker Sapkota claimed that he had moved the court to defend the constitution.

“No appointment can be made without a parliamentary hearing. Since the constitution says that a parliamentary hearing should be held, it is unconstitutional for the appointments to be made without a hearing as per the rules, contrary to Article 292 of the constitution. After a series of violations of the constitution, I have gone to the Supreme Court, which has the constitutional right to interpret the constitution and the law in defense of the constitution,” said Speaker Sapkota at a press conference.

Speaker Sapkota said that he was consulting on summoning the meeting of the lower house.

Sapkota has submitted the petition to the SC naming Prime Minister KP Oli, Chief Justice (CJ) Cholendra ShumsherRana and National Assembly (NA) Chairman Ganesh Prasad Timilsina, as defendants.

Other defendants include officials who had attended the Constitutional Council (CC) meeting that recommended the officials for the appointment.

It should be noted that Speaker Sapkota had boycotted the swearing-in ceremony of the officials held on Wednesday calling it “unconstitutional”.

The hearing will be held on Sunday, a source at the SC said.

Publish Date : 05 February 2021 15:00 PM

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