The Supreme Court (SC) has sent back the writ petition brought against the two ordinances the government brought on Monday from the registration section.
Assistant Spokesperson of the Apex Court Devendra Dhakal told Setopati that advocate Shailendra Harijan had brought a writ petition against the President's Office and he was sent back saying a writ cannot be filed against the president.
"The President's Office was made defendant demanding interim order or mandamus whichever is necessary. The SC does not register petitions that make the President's Office defendant. The full meeting of SC has also already decided to not entertain any case apart from those related to coronavirus pandemic and habeas corpus petitions," he elaborated. "The petition was neither registered nor entertained."
President Bhandari authenticated the ordinances about splitting party and majority decision in the Constitutional Council in Monday evening just hours after the Cabinet meeting passed the ordinances. The ordinances were published in the Nepal Gazette later in the night.
The Cabinet meeting at Baluwatar Monday passed an ordinance allowing splitting of a party with support of 40 percent in either the parliamentary party or the central committee. The act about political parties requires support of 40 percent in both the parliamentary party and the central committee to split any political party.
The other ordinance states that the Constitutional Council can take decisions on the basis of majority. The six-strong council currently only has five members in lack of election for deputy speaker. The amendment means that the Council can take decisions with support of three and even in absence of the main opposition leader.
