Writ filed against ordinance to amend Constitutional Council ActPetitioner demands immediate nullification of the ordinance, arguing that it is unconstitutional.
A writ has been filed at the Supreme Court demanding nullification of the ordinance to amend Constitutional Council Act (Function, Duties and Procedures) Act, 2010.
Advocate Om Prakash Aryal filed the petition on Wednesday arguing that the ordinance issued on Tuesday contradicts the spirit of the constitution.
Aryal has made the Prime minister, the Office of the Prime Minister and Council of Ministers, the Office of the President, chairman of the Constitutional Council and the Secretariat of the Constitutional Council, chief justice in capacity of a member of the Constitutional Council, House Speaker in capacity of a member of the Constitutional Council, National Assembly chair in capacity of a member of the Constitutional Council, leader of the opposition in capacity of a member of the Constitutional Council as defendants.
The Oli government on Tuesday afternoon introduced the ordinance seeking amendments to at least two provisions in the Constitutional Council Act (Function, Duties and Procedures) Act, 2010. The ordinance was promulgated within hours by the President.
The prime minister has not only committed a fraud on the constitution by introducing the ordinance but also has attempted to take absolute control of constitutional bodies by appointing people of his choice, the petitioner has argued. “This could ultimately invite questions over the legitimacy of the constitutional system,” said the petitioner.
The petitioner has demanded that the court issue an order not to implement the ordinance until a final decision is made on the issue.
“The entire work carried out by the meeting of the Council that was held even before the unconstitutional ordinance was published in the National Gazette needs nullification through an order of certiorari,” reads the petition. “I would also like to demand a similar order against the office bearers of the Council not to participate in its meeting and not to make any decision.”