Kathmandu, Nepal, September 22, 2020: Vice-chair of the ruling Nepal Communist Party (NCP) Bamdev Gautam’s nomination to the post as National Assembly (NA) member has been challenged in the Supreme Court (SC), the apex court of the country.
Two separate writ petitions have been registered at the SC on Monday demanding that the nomination of NCP’s vice chairman Gautam as a NA member has to be annulled as per the constitutional provisions.
Senior Advocate Dinesh Tripathi and Advocate Bari Raj Bhatta have filed separate writ petition in the SC on Monday seeking to quash the government’s decision to recommend Gautam’s name to the president and the president’s decision to nominate Gautam as a member of the Upper House of federal parliament. Following the recommendation of the cabinet, President Bidhya Devi Bhandari had nominated Gautam as NA member on September 17.
Refering to the Article 78 (4) of the Constitution of Nepal, the petitioner Tripathi has demanded an interim order not to allow Gautam to be appointed a minister for having lost the 2017 parliamentary elections. Gautam had lost the last first-past-the-post election to the House of Representatives to Sanjay Kumar Gautam of the Nepali Congress (NC) from constituency 1 of Bardiya district.
Though the constitutional provision bars a person who has lost HoR election from becoming a minister in the same tenure of the HoR, the government has been trying to induct Gautam into the Cabinet, the petitioner Tripathi has argued in the petition demanding interim order.
Likewise, another petitioner Bhatta has argued in the writ that the spirit of the constitutional provision was to send three experts to the Upper House of the Parliament but not those who had lost the elections. The SC has scheduled both the writs to be heard on Wednesday.