President Ram Chandra Paudel had put on hold the recommendation to appoint Om Prakash Aryal as a member of the National Assembly, citing a writ petition filed in the Supreme Court against the recommendation.
The petition was filed on March 19 by advocate Manish Kumar Shrestha and one other individual. However, the petition has been dismissed in the very first hearing.
Following the dismissal of the petition, questions have now arisen over whether President Paudel will appoint Aryal based on the previous government's recommendation or wait for a recommendation from the current government.
On March 15, the government led by Sushila Karki recommended Aryal for a vacant National Assembly seat while he was still serving as home minister. At that time, President Paudel put the recommendation on hold, citing the petition filed in the Supreme Court against the recommendation and the imminent formation of a new government.
On Wednesday, a constitutional bench comprising Acting Chief Justice Sapana Pradhan Malla and Justices Kumar Regmi, Hari Prasad Phuyal, Manoj Kumar Sharma, and Nahakul Subedi dismissed the petition against Aryal. This has given rise to the question of whether Aryal will be appointed to the National Assembly or not.
When asked about the matter, the President's Office stated that since a government with a new mandate has been formed following the election, the new government should recommend a new name.
"Following the House of Representatives election on March 5, a government with a new mandate is in place. Our position is that the new government must send a recommendation for the vacant National Assembly seat," a source at the President’s Office said. "The Cabinet must send a recommendation for the vacant National Assembly post again, after which the president will nominate the member."
The Constitution mandates that the president acts upon the recommendation and consent of the Council of Ministers.
In the National Assembly, the posts of one-third members fall vacant every two years. Among the vacant seats, three members are nominated by the president on the recommendation of the Cabinet.
One such position became vacant after Bamdev Gautam resigned. Gautam’s term was set to end on March 4, but he resigned shortly before that.
The then government led by Sushila Karki had recommended then-home minister Aryal for this vacant seat. However, the president put the recommendation on hold instead of nominating Aryal, for which he faced criticism.
