Chairman of the parliamentary hearing committee Laxman Lal Karna has said officials recommended for different constitutional bodies by the Constitutional Council have been sworn in unconstitutionally.
Talking to Setopati after the swearing-in on Wednesday, Karna, who was member of the dissolved House of Representatives (HoR), pointed that the swearing-in is against Article 292 of the Constitution.
"They cannot be sworn in now, That should not have been done without completing the hearing process," he argued. "It has violated constitutional provision. I have been told a writ petition has already been filed at the Supreme Court. This only adds to the burden of Supreme Court."
Senior Advocate Dinesh Tripathi had moved the SC on Tuesday arguing that appointments should not be made without parliamentary hearing.
He added that he has known about appointment of the officials of constitutional bodies through the Federal Parliament Secretariat but the committee has yet to be informed. "What would I have to say about this when the country itself is in a difficult situation? Appointment of officials of constitutional bodies should have been brought to the committee," he added. "The Federal Parliament Secretariat was also informed about this along with the dissolution of HoR. This (swearing-in), therefore, has been done violating the Constitution and laws."
Officials recommended for different constitutional bodies have been sworn in Wednesday without parliamentary hearing. They have been sworn in amidst a program held at the Shital Niwas Wednesday morning.
Chief Justice (CJ) Cholendra Shumsher Rana administered oath of office and secrecy to chiefs of the constitutional bodies while the others were sworn in by chiefs of the respective bodies.
President Bidya Devi Bhandari, Prime Minister (PM) KP Sharma Oli and National Assembly Chairman Ganesh Prasad Timalsina were also present on the occasion
The Constitutional Council after PM Oli dissolved the House on December 20 had announced that all the vacancies in constitutional bodies were filled before the House dissolution.
The Constitutional Council meeting on December 15 had decided to fill the vacancies. The meeting held hours after PM Oli unilaterally brought the ordinance with a provision that allows decision in the Constitutional Council with support of the majority of the existing members had recommended to fill all the vacant constitutional positions.
The decision was not made public immediately and revealed only after the House dissolution.
Speaker Agni Sapkota then sent back the recommendations saying hearing cannot be conducted as the House of Representatives has been dissolved.
National Assembly Chairman Ganesh Prasad Timalsina then argued that speaker cannot send back the recommendations by the Constitutional Council except when ordered by the court.
"There is no legal provision for any body or official other than the two-third majority of the parliamentary hearing committee to reject or send back the recommendations by the Constitutional Council for hearing," Chairman Timalsina has said issuing a statement on Monday.
Prem Kumar Rai was recommended for the post of Commission for Investigation of Abuse of Authority (CIAA) chief. Former Nepal Police AIG Jaya Kumar Chand and Kishor Kumar Silwal were recommended as CIAA commissioners.
The then coalition government of Maoists and Nepali Congress (NC) under Pushpa Kamal Dahal had appointed Chand, who is close to NC President Sher Bahadur Deuba, as IGP but the Apex Court had later revoked the appointment.
Senior advocate Ram Prasad Bhandari and Janaki Tuladhar, meanwhile, were recommended as Election Commission commissioners.
Similarly, Tap Bahadur Magar was recommended chairman of the National Human Rights Commission.
