By Liladhar Upadhyaya,Kathmandu, July 4: The Supreme Court on Wednesday night decided to quash the writ petition which had challenged the validity of the appointment of the 52 officials of different constitutional bodies. The writ petition was filed at the SC claiming the appointment as unconstitutional.
However, the Constitutional Bench divided over the case and majority of justices delivered the judgment to quash the writ petition.
The decision was taken by the Constitutional Bench chaired by Chief Justice Prakash Man Singh Raut, Justices Sapana Pradhan Malla, Manoj Kumar Sharma, Kumar Chudal and Nahakul Subedi.
However, Chief Justice Raut and Justice Subedi have written dissenting opinion over the judgment passed by the majority of justices, said advocate Om Prakash Aryal talking to The Rising Nepal. Aryal is one of the writ petitioners of the case.
Advocate Om Prakash Aryal and others moved the Supreme Court demanding judicial review of the decision of the government led by KP Sharma Oli in his previous tenure.
However, the case was pending for over four years in the SC.
The appointment was made by the government by issuing ordinances. With the decision of the case, the appointment of the 52 officials has got validity.
The petitioners had claimed that the appointment was made by crossing the parliamentary hearing, a mandatory provision of the Constitution of Nepal.