In his written clarification to the apex court on Wednesday, Koirala has maintained that there was no alternative to removing the constitutional difficulties in order to give an outlet to the constitutional deadlock.
NC president has said that his party agreed on removing constitutional difficulties so as not to prolong the current transitional period.
“Political consensus was forged mainly to conduct the Constituent Assembly (CA) election,” reads the three-page written clarification sent by Koirala to SC. He has also urged the apex court to scrap the writ petition terming it “bias” and “one sided”.
SC on May 27 had issued a show cause notice over the approval of the ordinance on removing constitutional difficulties. Hearing on the writ petition had been deferred for 18 times. [break]
A single bench of Justice Girish Chandra Lal had ordered the defendants to furnish clarification in writing within 15 days as to why the move was taken. However, Koirala has furnished clarification about two and half month after the show cause notice was issued.
The writ petition filed by advocate Subhas Acharya has also challenged the appointment of Regmi as chairman of the Interim Election Council.
Acharya had filed the petition on March 17, arguing that in approving the ordinance on removing constitutional difficulties, the president had misused his powers relating to such an exercise, and this had affected the basic structure of the Interim Constitution.
Acharya has urged the SC to issue mandamus to declare the ordinance as ultra vires. The writ petitioner has also demanded that the apex court scrap the decision on formation of the chief justice-led election government arguing it goes against the principle of separation of powers.
President Ram Baran Yadav, Chairman of the Interim Election Council Regmi, UCPN (Maoist) Chairman Pushpa Kamal Dahal, NC President Koirala, CPN-UML Chairman Jhalanath Khanal and Bijay Kumar Gachchhadar of the United Democratic Madhesi Front (UDMF) have been named as defendants in the writ petition.
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