KATHMANDU: An impeachment motion has been registered against Chief Justice (CJ) Cholendra Shumsher Rana at the Parliament Secretariat on Sunday.
As many as 98 lawmakers have signed the impeachment motion against CJ Rana.
Law Minister Dilendra Prasad Badu and other ruling party lawmakers reached the Parliament Secretariat with the impeachment motion.
According to a senior official at the Secretariat, the lawmakers had reached the Parliament Secretariat to meet Speaker Agni Prasad Sapkota with the signatures of 98 lawmakers on Sunday morning.
Lawmakers, including Pushpa Bhusal, Jeevan Ram Shrestha, Dev Gurung, and Gagan Thapa had reached the Parliament Secretariat.
CJ Rana’s role suspended till the settlement of impeachment proceeding
As soon as the impeachment motion is registered in the parliament, Chief Justice Rana’s position is automatically suspended.
Article 101 (2) has the provision of impeachment against the Chief Justice.
It says: One-fourth of the total number of the then members of the House of Representatives may move a motion of impeachment against the Chief Justice of Nepal or a Judge of the Supreme Court, member of the Judicial Council, chief or official of a Constitutional Body on the ground of his or her failure to fulfill his or her duties of office because of serious violation of this Constitution and law, incompetence or misconduct or failure to discharge the duties of office honestly or serious violation of the code of conduct.
The same article says ahead: If the motion is passed by at least two-thirds majority of the total number of the then members of the House of Representatives, the concerned person shall relieve of his or her office.
Similarly, Article 101 (6) mentions the provisions of suspending the roles of chief justice once an impeachment motion is tabled against him/her.
Article 101 (6) says: After the commencement of impeachment proceedings under clause (2), the Chief Justice of Nepal or Judge of the Supreme Court, member of the Judicial Council, chief or official of the Constitutional Body shall not be allowed to discharge the duties of his or her office pending the settlement of such proceedings.
What next?
According to Clause 3 of Article 101, the impeachment recommendation committee of the HoR will initiate the proceedings of investigation.
The impeachment recommendation committee which can comprise of maximum 11 members will make recommendation after after inquiring into whether there exist the ground and reason for moving a motion of impeachment against any person under clause (2).
Likewise, it further says in Clause 5 that at least three members of the House of Representatives certify and submit a petition that the received information, notice or petition is admissible on the ground of serious violation of the Constitution or incompetence or misconduct or failure to discharge the duties of office honestly or serious violation of the code of conduct by the person relieving of office on impeachment under clause (2), and the committee under clause (3), upon inquiring into such petition in accordance with Federal law, makes recommendation to the House of Representatives for impeachment proceedings, a motion of impeachment under clause (2) may be moved.
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