The Supreme Court (SC) has refused to issue interim order in the petition of Speaker Agni Sapkota demanding revocation of the recent appointments at constitutional bodies.
The single bench of Justice Prakash Kumar Dhungana on Sunday has issued show cause notice in the case instead. Justice Dhungana has prioritized the case ensuring that the case is expedited.
Speaker Sapkota registered the writ petition on Friday.
It named Prime Minister (PM) KP Sharma Oli, Chief Justice Cholendra Shumsher Rana and National Assembly Chairman Ganesh Prasad Timalsina, who had all attended the Constitutional Council meeting that recommended the officials for appointment, Chief Secretary, who is ex officio secretary of the Constitutional Council, and the appointed officials as defendants.
Speaker Sapkota had already called the ordinance about Constitutional Council unconstitutional and boycotted the swearing-in ceremony of the officials held on Wednesday.
Officials recommended for different constitutional bodies were sworn in on Wednesday without parliamentary hearing. They were sworn in amidst a program held at the Shital Niwas Wednesday morning.
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
A writ petition has already been filed with the Supreme Court (SC) demanding that newly-appointed officials of constitutional bodies be stopped from working.
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.
Only PM Oli, CJ Rana and National Assembly Chairman Timalsina had attended the meeting with Speaker Sapkota and the main opposition leader Sher Bahadur Deuba boycotting the meeting. The six-strong Constitutional Council only had five members then with the post of deputy speaker remaining vacant since resignation of the then deputy speaker Shiva Maya Tumbahangphe before election of Sapkota as speaker.
The decision was not made public immediately and revealed only after the House dissolution.
Speaker Agni Sapkota had then sent back the recommendations saying hearing cannot be conducted as the House of Representatives has been dissolved. But the government went ahead with the appointment process and administered oath of office and secrecy to the officials on Wednesday.
