A single bench of Chief Justice Khil Raj Regmi issued the order following today’s hearing in response to a Public Interest Litigation filed by Sarita Giri, chairperson of the Nepal Sadbhavana Party (Anandi Devi) and former lawmaker, seeking revival of the dissolved constitution writing body.
The apex court gave 15 days to the defendants — the Prime Minister’s Office, Office of the President, Parliament Secretariat, Chairperson and Deputy Chairperson of the dissolved CA and heads of major political parties after receiving the order.
Giri had argued that the government’s May 27 decision to hold fresh CA elections was wrong because it is the prerogative of the CA and not the government to decide what it should do in the event of failure to promulgate a new constitution — whether to hold the next CA elections, referendum or seek any other constitutional remedies as suggested by the apex court.
Arguing that Article 82 of the constitution does not speak about the absence of parliament in any case, Giri said the government withdrew its proposal to extend the term of the CA on May 27, but doing so without letting CA members debate on the issue was against the spirit of the Constitution and parliamentary norms. The petitioner further said ruling the country through ordinances would be against the spirit of the Constitution and parliamentary norms. She has asked the apex court to issue directive to the President not to amend any provision of the Interim Constitution through ordinance. The petition has also sought an order to the Election Commission to stop all preparations for the next CA elections.THT