SC orders CJ to designate judges for Constitutional Bench

March 24, 2017 08:41 AM Republica

KATHMANDU, March 24: The Supreme Court on Thursday ordered Chief Justice Sushila Karki to designate judges for the Constitutional Bench in the apex court.

The mandamus order was issued to chief justice by a full bench of justices Kedar Prasad Chalise, Ishwar Prasad Khatiwada, Anil Kumar Sinha and Sapana Pradhan Malla.  

The bench handed down the decision after hearing on a writ petition filed by advocate Madhav Kumar Basnet, who demanded that the Judicial Council be asked to recommend judges for giving full shape to the Constitutional Bench.

The apex court bench also issued the order to the council and its members to take the initiatives to call council meeting for the purpose.

The Constitutional Bench has remained idle after the then chief justice Kalyan Shrestha retired from the post. Basnet demanded that the council immediately recommend judges for the vacant seats in the Constitutional Bench. 

The Constitutional Bench was constituted in accordance with the new constitution, which states that the bench shall consist of the chief justice and other four judges designated by the chief justice on recommendation of the Judicial Council.

The constitution has entrusted the Constitutional Bench with the responsibility of settling, among other issues, the disputes relating to jurisdiction between the federation and a province, between provinces, between a province and local units, and between the local units, disputes relating to election of the members of the Federal Parliament or Provincial Assembly and matters relating to disqualification of a member of the Federal Parliament or of the Provincial Assembly.

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