In the writ petition, Dahal has stated that the CC´s decision taken without his party [the main opposition]´s approval violated constitutional and legal provisions. [break]
According to SC spokesperson Hemanta Rawal, the Maoist chairman has stated that the CC decision is against article 43 of the interim constitution and existing CC regulations.
While article 43 of the constitution states the government business would be carried out with political consensus and culture of cooperation, the CC regulations stipulate that all CC members should be informed about the meeting and its agenda 48 hours before the meeting.
Dahal claimed he was not informed about the meeting and knew about the CC decision though media.
According to Rawal, preliminary hearing on the case has been set for Monday.
Ending the long vacuum in several constitutional bodies, the CC on Friday recommended names of chiefs and members in four such bodies.
The CC recommended Babu Ram Acharya as the chief of Commission for the Investigation of Abuse of Authority (CIAA), Neel Kantha Uprety as the chief of the Election Commission, Udaya Nepali Shrestha as the chief of Public Service Commission and Bhanu Acharya as Auditor General.
Maoists boycott parliament
The UCPN (Maoist) boycotted parliament meeting on Sunday demanding that the government revoke its decision to appoint chiefs and members in various constitutional bodies without consulting the main opposition party.
The Maoists seriously objected to Friday´s decision of the Constitutional Council (CC).
"We have strong objection to the decision to appoint chiefs and members in the constitutional bodies as the decision was taken by bypassing our party," Maoist deputy parliamentary party leader Narayankaji Shrestha told the parliament.
The CC comprises prime minister, chief justice, speaker, main opposition leader and two ministers appointed by the PM.
He said the CC´s move was a deliberate violation of constitutional as well as legal provisions.
"Taking such unilateral decision at a time when we are badly in need of national consensus is a clear indication that the ruling coalition wants confrontation instead of national consensus," Shrestha said.
Extend UNMIN term: Maoists
Addressing the parliament, Maoist vice chairman Shrestha also accused the government of dillydallying in corresponding to the United Nations on extending the term of UNMIN. As the UNSC meeting is scheduled to start shortly, he said, the government´s indifference toward it might invite serious consequences.
"There is no alternative to UNMIN´s presence until the peace process is taken to a logical end but the government hasn´t corresponded to the UN so far while the UNSC meeting is scheduled to meet shortly," he said.
Besides extending UNMIN´s term, Shrestha also advocated expanding UNMIN´s role. He said while they have demanded to extend UNMIN´s mandate, the government is conspiring against curtailing the mission´s role. He said they have heard that the government is preparing to exclude Nepal Army (NA) from the purview of UNMIN´s mandate," he said.
However, Rajan Bhattarai, foreign affairs advisor to Prime Minister Madhav Kumar Nepal, said the government can correspond to the UN only after the political parties come up with a concrete decision on constitution writing and peace process.
Shrestha also accused the government of giving instruction to security agencies to brutally suppress Maoist demonstrators on May 1.
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