A writ petition has been filed in the Supreme Court against the Constitutional Council's decision regarding the recommendation for the post of chief justice.
Senior Advocate Dinesh Tripathi and Advocate Prem Raj Silwal approached the Supreme Court with the petition on Friday. The petition has not yet been registered.
The petition argues that recommending Justice Manoj Kumar Sharma — who is fourth in seniority — for the position of Chief Justice goes against the constitutional principle of separation of powers and could undermine the independence of the judiciary. The petition seeks annulment of the decision and demands that Acting Chief Justice Sapana Pradhan Malla, who is first in seniority, be recommended instead, according to Advocate Silwal.
Advocate Silwal said that the petition seeks annulment of the decision, claiming that recommending the fourth-ranked justice, Manoj Kumar Sharma, for chief justice goes against the constitutional principle of separation of powers and would destroy the independence of the judiciary. The petition also demands that Acting Chief Justice Sapana Pradhan Malla, who is ranked first, be recommended for the post.
On Thursday, the Constitutional Council recommended Sharma for the position of chief justice, bypassed Acting Chief Justice Malla, Justice Kumar Regmi, and Justice Hari Prasad Phuyal.
National Assembly Chairman Narayan Prasad Dahal and Bhishma Raj Angdembe, parliamentary party leader of the main opposition Nepali Congress, registered a note of dissent regarding the council's decision.
Opposition parties, including the Nepali Congress and CPN-UML, have also opposed the decision. Furthermore, the decision has sparked widespread debate and commentary across various social media platforms.
