Advocates trio Bhojraj Acharya, Dhan Bahadur Shrestha and Gyan Prasad Khanal jointly filed the writ petition and demanded to invalidate the decision of the Council of Ministers to hold Constituent Assembly election through the certiorari and order one day reinstatement of the CA on proper date to cope with the present crisis.[break]
Similarly, the writ has demanded the SC to issue mandamus order that Legislature-Parliament would exist till next body was formed in order to allow both the CA and Legislature-Parliament to continue their business, keeping in view the spirit of the Interim Constitution, people´s aspiration for constitution, future crisis in absence of law.
The advocates further argued that the CA was not terminated in formal way as by calling the meeting for conclusion, and the CA Chairman and the Vice-Chairman could not avoid their responsibility of attending the CA meeting. If the CA was reinstated at least for a day, the preparations made for constitution would not go in vain, they added.
The writ has made defendants to the Office of the President, Office of the Prime Minister and Council of Ministers, Chairman and Vice-Chairman of the dissolved CA, CA Secretariat, and Legislature-Parliament Secretariat.
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