Chief Justice (CJ) Cholendra Shumsher Rana has submitted written response to the Supreme Court (SC) eight months after appointments made in constitutional bodies in accordance to the ordinance related to the Constitutional Council.
Sending written response to the writ petition filed by Speaker Agni Sapkota on February 5, CJ Rana has stated that the petition should be revoked.
"It is constitutional duty of everyone to implement the provisions of Constitution to the letter. The claim that the action as per the ordinance issued in accordance to the Constitution is not appropriate as the issue raised by the petitioner (Sapkota) about the ordinance issued in accordance to the Constitution can be deliberated by the federal parliament which can give necessary decision," his response states.
Speaker Agni Sapkota had moved the SC demanding revocation of the appointments at constitutional bodies on December 15, 2020 made in accordance to the ordinance.
The petition named the then 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 member 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.
Officials recommended for different constitutional bodies were sworn in on February 3 without parliamentary hearing. The Constitutional Council after Oli dissolved the House on December 20, 2020 had announced that all the vacancies in constitutional bodies were filled before the House dissolution
A writ petition was already filed with the 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 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 then 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 was dissolved. But the government went ahead with the appointment process and administered oath of office and secrecy to the officials on February 3.
