Govt files review petition in SC

The government today filed a review petition in the Supreme Court seeking more time to nominate 26 Constituent Assembly members to give CA a complete shape.

On May 12, the Supreme Court had directed the government to nominate 26 CA members within 15 days. The deadline expired today, as the government got the copy of the judgment only on May 13.

The review petition was filed through the Office of the Attorney General by Chief Secretary Leela Mani Paudyal. The petition states that the Council of Ministers will nominate the members from among outstanding national personalities and indigenous nationalities who could not be represented in CA through election as per Sub-Article (A) and (B) of Article 63 of the Constitution. 

The petition adds that discussions in this regard are on and the parties concerned need more time to reach a conclusion. 

Citing Article 43 of the Constitution, the government also stated that it cannot ignore the culture of political consensus. It adds that the Cabinet is working on forging consensus on the issue of 26 members but since the country has been passing through a transition period, the government can not work alone and has to take others along, which can take time. 

In response to a petition filed by CA member Bishendra Paswan, a division bench of Justices Ram Kumar Prasad Shah and Kalyan Shrestha had issued the mandamus order to the authorities — the Office of the Prime Minister and Council of Ministers, the Ministry of Law, Justice and Constituent Assembly and the CA Secretariat — not to delay the appointment process by more than 15 days, as six months had already passed since the second CA election. 

While issuing the directive, the SC bench had observed that all the activities performed by the CA without getting a full shape could be unconstitutional, so the authorities should not delay the process of nominating the 26 members as envisioned by Article 63(3)(C) of the Interim Constitution. The bench had also directed the authorities to be objective and rational while nominating the individuals. 

Source: THT