The Supreme Court administration has refused to register a writ petition questioning the eligibility of Attorney General Narayan Datta Kandel.
Advocate Madhav Kumar Basnet had submitted the petition to the Supreme Court on Thursday, claiming that Kandel did not meet the required qualifications. Registrar Bhadrakali Pokharel issued the order to reject the registration of the petition.
Advocate Basnet had filed the petition arguing that Kandel was appointed attorney general despite failing to meet the criteria set under Articles 157(3) and 129(5) of the Constitution.
He had sought an interim order to annul the appointment and bar Kandel from performing any duties in his capacity as attorney general until a final decision was reached.
In the rejection order, Registrar Pokharel noted that the petitioner failed to provide documents substantiating how their fundamental or legal rights had been violated. Furthermore, the order stated that if any act contrary to the law had occurred, legal remedies should be sought through regular court proceedings, making the writ ineligible for registration.
Article 157(3) of the Constitution stipulates that a person qualified to be a justice of the Supreme Court is eligible for appointment as attorney general. Article 129(5) outlines the qualifications for the chief justice and Supreme Court justices.
To be eligible for attorney general, the law requires a bachelor’s degree in law followed by at least 15 years of continuous practice as a senior advocate or advocate, or at least 15 years of continuous work in the field of justice or law as a distinguished legal expert.
The petitioner had claimed that Kandel did not meet these requirements, specifically alleging that he had not practiced law continuously for 15 years.
