KATHMANDU, June 6: Hearing on writ petitions filed against the dissolution of the House Representatives (HoR), which was disrupted for a few days owing to the row over the composition of the Constitutional Bench resumed on Sunday.
The Bench, which Chief Justice Cholendra Shumsher JBR formed on May 28, comprised Justices Dipak Kumar Karki, Dr Aanand Mohan Bhattarai, Tej Bahadur KC and Bam Kumar Shrestha including Rana himself. The composition of the Bench, however, was questioned by the lawyers pleading in favor of the writ petitioners who demand the Supreme Court (SC) reinstate the 275-member lower house of parliament.
CJ Rana made the recent reshuffle on Sunday on the basis of the seniority of SC Justices. With the recent reshuffle, Justices Dipak Kumar Karki, Mira Khadka, Ishwar Prasad Khatiwada and Anand Mohan Shrestha have been picked in the Bench headed by Rana himself. Although justice Hari Krishna Karki is third in seniority among the SC Justices, he was included in the bench owing to his health issues.
CJ Rana had made an agreement with Nepal Bar Association to form the constitutional bench based on seniority. The constitutional bench was formed again based on seniority after the dispute surfaced on the case relating to HoR dissolution. CJ Rana has scheduled a hearing on it today.
In case of the need for substantial constitutional interpretation of the case sub judice in the Supreme Court, there is a provision that CJ assigns justices in the constitutional bench to settle the case. The constitution has given authority to the SC to
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