The Supreme Court has refused to register the writ petition questioning the eligibility of Attorney General Narayan Datta Kandel.
On Thursday, a bench led by Justice Manoj Kumar Sharma heard a petition filed against the Supreme Court administration's decision to not register the petition. The bench upheld the administration’s order to reject the petition against Attorney General Kandel.
Advocate Madhav Kumar Basnet had submitted the petition on April 10, claiming that Kandel did not meet the necessary qualifications to be appointed attorney general. Registrar Bhadrakali Pokharel refused to register the petition.
Advocate Basnet argued in the petition that Kandel’s appointment violated Articles 157(3) and 129(5) of the Constitution. He sought an interim order to annul the appointment and prevent Kandel from performing any duties as attorney general until a final decision was reached.
Registrar Pokharel refused to register the petition, stating that the petitioner had failed to submit documents proving how their fundamental or legal rights were violated. Furthermore, the administration noted that if any act contrary to the law had occurred, legal remedies could be sought through regular courts.
According to Article 157(3) of the Constitution, a person eligible to become a Supreme Court justice is qualified for appointment as attorney general. Article 129(5) outlines the qualifications required to become a Supreme Court justice or chief justice.
According to the Constitution, a person must have a bachelor’s degree in law and at least 15 years of continuous practice as a senior advocate or advocate, or have worked continuously in the field of justice or law for at least 15 years as a distinguished jurist.
The petitioner claimed that Kandel did not meet the criteria since lacked the required 15 years of continuous legal practice.
