Responding to a writ petition filed by Advocate Subhas Acharya, a single bench of Justice Girish Chandra Lal ordered the defendants to furnish clarification in writing within 15 days as to why the move was taken. [break]
Hearings on the writ petition, which also challenges the appointment of Chief Justice Khil Raj Regmi as chairman of the Interim Election Council, had been deferred 18 times.
Hearing on the petition was first scheduled for March 18 in the single bench of Justice Girish Chandra Lal and rescheduled for March 20 in the single bench of Justice Sushila Karki. The third, fourth, fifth, sixth, seventh, eighth, ninth, 10th, 11th, 12th, 13th, 14th, 15th and 16th rescheduling of the hearings then followed.
The hearings were rescheduled for the 17th time for Wednesday in the single bench of Justice Gyanendra Bahadur Karki and for the 18th time for Friday in the single bench of Justice Lal.
Advocate 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 that this had affected the basic structure of the Interim Constitution.
He had urged the SC to issue mandamus to declare the ordinance 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 that it goes against the principle of separation of powers.
“No political leader or the president can make changes in the basic structure of the Interim Constitution on the pretext of removing difficulties,” reads the writ petition.
President Ram Baran Yadav, Chairman of the Interim Election Council Regmi, UCPN (Maoist) Chairman Pushpa Kamal Dahal, Nepali Congress President Sushil Koirala, CPN-UML Chairman Jhalanath Khanal and Bijaya Kumar Gachchhadar of the United Democratic Madhesi Front have been made defendants in the writ petition.
Meanwhile, the SC administration on Monday sent back a writ petition demanding resignation of Regmi from the post of the chief justice.
SC administration stated that the issue raised by Advocate Bharat Mani Jangam in his petition is sub-judice at the court. Jangam had moved SC arguing that Regmi should not work as the head of executive while simultaneously holding the post of chief justice.
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