National
Hearing on writs against Bamdev Gautam’s nomination to Upper House to continue on Friday
With judgment awaited–not likely even on Friday–Gautam’s way to the Cabinet continues to remain blocked.Tika R Pradhan
A hearing on writs against ruling Nepal Communist Party vice-chair Bamdev Guatam’s nomination to the National Assembly will continue on Friday as well.
The Constitutional Bench of the Supreme Court heard the case on Wednesday but could not reach a conclusion whether to issue an interim order.
Earlier on September 23, a single bench of Justice Ananda Mohan Bhattarai had said the issue needed a serious constitutional explanation and issued an interim order to the authorities to put Guatam’s nomination “on hold for now”. The bench also asked the authorities not to give Gautam any additional responsibilities, thereby blocking his way to the Cabinet.
The petitioners have in their petitions argued that since Gautam had lost the 2017 parliamentary elections, his nomination to the Upper House was unconstitutional and demanded an order to the government not to appoint him a minister.
“I don’t think the hearing will be completed on Friday also because there are many lawyers from both sides,” said senior advocate Dinesh Tripathi, the writ petitioner. “We can expect a decision hopefully next week.”
With hearing to continue again on Friday–and a judgment unlikely that day also–Gautam’s fate continues to hang in the balance.
Since the Constitutional Bench sits twice a week–Wednesdays and Fridays–if the hearing cannot be completed on Friday, it will continue again on coming Wednesday.
The Constitutional Bench of the Supreme Court led by Chief Justice Cholendra Shumsher Rana on Wednesday started hearing two separate writs filed by Tripathi and advocate Badriraj Bhatta.
The bench consists of Justices Dipak Kumar Karki, Harikrishna Karki, Bishwambhar Prasad Shrestha and Ishwor Prasad Khatiwada.
Senior advocates Badri Bahadur Karki, Tripathi, Hari Upreti, Bishnu Bhattarai and advocate Pankaj Karna pleaded on behalf of the petitioners while Attorney General Agni Kharel argued on behalf of the defendants–the government, the Office of the President and Bamdev Gautam himself, among others.
A litany of lawyers is defending Gautam on Friday, including Yubaraj Sangroula, Chandeswor Shrestha, Chandra Kanta Gyawali, Mukti Pradhan, Govinda Bandi, Baburam Dahal and Kumar Acharya among others.
Gautam was appointed member of the Upper House by the President on September 17 as per the recommendation of the government. As per the decision of the ruling Nepal Communist Party’s secretariat meeting of September 3, the Cabinet meeting of September 14 had recommended the President to appoint him.
Gautam’s appointment to the Upper House has met with criticism from different sections of the society, who say the decision is unconstitutional and appointing a person rejected by the people undermines the democratic principles.