The Supreme Court (SC) has been moved against the controversial ordinance about the Constitutional Council brought by the government on Wednesday.
Advocate Om Prakash Aryal told Setopati that he has submitted the petition and administrative works remain. The petition has made Prime Minister (PM) KP Sharma Oli and the Office of the Prime Minister and Council of Ministers as defendants.
Oli on Tuesday had unilaterally issued the ordinance with a provision that allows decision in the Constitutional Council with support of the majority of the existing members without discussing the ordinance in the Cabinet meeting.
The existing Constitutional Council Act required presence of four members apart from the PM to constitute quorum, and decision can only be taken through consensus.
President Bidya Devi Bhandari hastily authenticated the controversial ordinance and issued a notice to that regard but withheld details about the ordinance.
The writ petition points that the Constitutional Council meeting was held at five in the evening even before it was published in the Nepal Gazette for the information of general public to study the amendments, and demands revocation of any decision taken by the meeting held even before the ordinance was published in the Nepal Gazette, interim order preventing implementation of the ordinance until the case is decided, and appropriate order to warn the executive branch of the state and its leadership that committed a fraud against the Constitution by issuing the ordinance violating constitutional morality to prevent unconstitutional actions.