Writ filed at SC on appointments at constitutional bodies
KATHMANDU, Sept 11: A writ petition has been filed at the Supreme Court (SC) on Tuesday, seeking stay order against the government decision a day earlier to recommend the president to remove constitutional difficulties to make appointments on various posts at different constitutional bodies.
Advocate Prabin Kumar Pradhan had filed the petition, citing that appointments in constitutional bodies cannot be made in the present conditions as per the interim constitution.
“The interim constitution clearly mentions that the appointees in the constitutional bodies should undergo parliamentary hearing process before their names are endorsed for the posts. No alternative to the provision has been mentioned in the constitution,” the petition reads.
The petitioner has also mentioned that the Constitutional Council (CC) should make the recommendations for the vacant posts. Neither a meeting of the CC nor the public hearing is possible in the present context, the petition states.
The Election Commission (EC), Commission for Investigation of Abuse of Authority (CIAA) and Public Service Commission (PSC) are without heads while the posts of eight permanent judges at the Supreme Court have been lying vacant since a long time. The EC and PSC have been run by acting chief commissioners while the CIAA doesn´t have a single commissioner at present.
Meanwhile, SC has scrapped the government’s earlier decision to construct the Bhurigaun-Telpani road-Surkhet road section.
A division bench of Justices Damodar Prasad Sharma and Prakash Osti issued the order, responding to a petition filed on January 22, 2012 by advocate Ram Kumar Acharya seeking the annulment of the January 19 decision .
In its verdict, the apex court has said there would be more losses incurred due to the destruction of natural environment while constructing the road than benefits from having the road.