Amid confusion over whether the term of the Speaker and Deputy Speaker has expired with the nomination of candidates under the proportional representation electoral system for the upcoming federal and provincial elections, the Supreme Court on Sunday ordered the government and parliament secretariat to clarify the matter.

Advocate Kishor Poudel on Thursday had filed a writ petition at the apex court demanding an interim order against Speaker Agni Sapkota, who has been serving in the position even after the parties submitted their lists of proportional representation candidates to the Election Commission on September 18 and 19, to bar him from working in the capacity of the head of the legislature. Poudel had claimed Sapkota was no more in the position after September 18 as per Article 91(6a) of the Constitution of Nepal.

The Article states, provided that in the event of dissolution of the House of Representatives, the Speaker and the Deputy Speaker of the House of Representatives holding their respective offices shall continue in office until the previous day of the filing of nominations for another election to the House of Representatives.

“A division bench will conduct hearings on this once it receives their clarifications,” Bimal Poudel, spokesperson of the Supreme Court, told the Post.

The Speaker, however, is reluctant to leave the position saying he can remain in the position until the day before he files his nomination for a lower house seat. Sapkota, who was elected from Sindhupalchowk constituency-1 is an aspiring candidate for lower house under the first-past-the-post electoral system. The nominations for the direct elections will be held on October 9 for the elections scheduled for November 20.