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Officiating Chief Justice Malla orders registration of writ against chief justice recommendation amid growing controversy
Nepal Bar Association questions non-compliance with court order as dispute over Constitutional Council decision reaches Parliament.Post Report
Officiating Chief Justice Sapana Pradhan Malla on Monday issued a written order directing the Supreme Court administration to register a writ petition challenging the Constitutional Council’s recommendation for the next chief justice, intensifying a dispute that has exposed divisions within the judiciary.
Malla had instructed the apex court administration to complete registration of the petition by 1 pm. However, after the deadline expired, the chief registrar and registrars were reportedly out of contact, raising further questions over compliance with the order.
The petition challenges the Constitutional Council’s May 8 recommendation of Justice Manoj Kumar Sharma for chief justice, alleging that the council bypassed seniority by recommending the fourth-ranked justice instead of the senior-most candidate.
Senior advocate Dinesh Tripathi, advocate Prem Raj Silwal and others had filed the writ petition at the Supreme Court. The court administration had earlier refused to register the petition and issued a rejection note.
Silwal said he met Malla on Monday morning and complained that even the application seeking a hearing on the rejection had not been presented before a bench. Following the complaint, Malla ordered the administration to register the petition within the day.
The writ argues that the recommendation process violated established constitutional practice regarding the appointment of the chief justice, the Bangalore Principles of Judicial Conduct, and Article 14 of the International Covenant on Civil and Political Rights.
According to the petitioners, the Supreme Court administration had repeatedly delayed registration since May 11, saying the matter would be registered “shortly”. Registrar Man Bahadur Karki had also allegedly refused registration.
After Malla’s written directive, the petition entered the registration process. If registered, its first hearing is expected on Tuesday.
The developments triggered sharp reactions from the legal fraternity and Parliament.
The Nepal Bar Association (NBA) called emergency meetings of its executive committee and advisory council after a delegation met Malla. NBA president Bijay Prasad Mishra questioned why an order issued by the officiating chief justice was not being implemented.
“We are seeing two courts,” Mishra said, according to lawyers present at the meeting. He also questioned how the government and other institutions could be expected to comply with court orders if the Supreme Court itself failed to enforce them.
The Bar also suggested convening a full court meeting to address the dispute.
The issue also entered the House of Representatives on Monday. Lawmakers from the Rastriya Swatantra Party objected to officiating chief justice Malla’s order, arguing that directing registration of the petition went against legal practice and established norms.
RSP lawmakers Samikshya Baskota and Yagya Mani Neupane said they supported an independent judiciary but disagreed with actions that, in their view, exceeded the scope of judicial administration.
Following their remarks, lawmakers from the CPN-UML raised objections, arguing that parliamentary rules prohibit discussion of matters under judicial consideration.




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