The Supreme Court has summoned both parties for a discussion regarding a writ petition against former Nepal Rastra Bank governor Maha Prasad Adhikari.
On Tuesday, a single bench of Justice Binod Sharma called both parties for a discussion on May 18 (Sunday) to decide whether an interim order should be issued.
The court has also issued a show-cause order to the defendants.
Advocate Nabin Dhital filed the petition on Monday, raising two key issues.
In the petition, Dhital argued that the Criteria Related to the Appointment and Nomination of Officials and Members of Public Entities Affiliated to the Ministry of Finance are against the law.
The petition says that the criteria, which affect provisions of the Nepal Rastra Bank Act, do not specify under which law they were issued and cannot amend the act.
“Nepal Rastra Bank is an autonomous entity established under a separate Act. It communicates with the government through the Ministry of Finance, but it is not a public entity affiliated with the Ministry of Finance,” the petition says.
Therefore, Dhital argues, the criteria are automatically void.
Additionally, Dhital claims in the petition that Maha Prasad Adhikari was ineligible to sit on the governor recommendation committee as the committee was formed while he was still in office as governor.
On March 24, a governor recommendation committee was formed under the chairmanship of Deputy Prime Minister and Finance Minister Bishnu Prasad Paudel, with former governor Bijayanath Bhattarai and former vice-chairman of the Planning Commission Bishwanath Paudel as members.
However, former governor Bhattarai resigned as committee member amid controversy surrounding the committee.
Adhikari’s tenure as governor ended on April 6.
Advocate Dhital has also sought an interim order to prevent the implementation of unlawful criteria until the case is decided.
He has further demanded that no individual be recommended for the governor’s post until the final verdict and that, if the governor has already been appointed on the committee's recommendation, they not be allowed to perform any duties.
