The Supreme Court (SC) has issued an interim order on Wednesday to stop implementation of the decision to make CPN Vice-chairman Bam Dev Gautam National Assembly member.
The bench of Justice Ananda Mohan Bhattarai has issued the interim order to that regard hearing the petition filed by senior advocate Dinesh Tripathi arguing that Gautam's appointment as National Assembly member is against the Constitution.
"Permanent constitutional values have to be maintained for the long term considering even the principle of constitutional morality," the SC order states. "An interim order has been issued stating constitutional responsibility not be granted to, or taken by Bam Dev Gautam considering the gravity and constitutional importance as the issue has to be kept as it is until the issue of whether to issue an interim order or not is decided."
The Apex Court has called both the sides for further discussion on September 30.
President Bidhya Devi Bhandari had appointed Gautam to the upper House on September 17 on recommendation of the government to fill the position vacant after Yuba Raj Khatiwada's term ended on March 3 after two years following drawing of lottery.
Gautam had lost the last general election from Bardiya-1 to Sanjay Gautam of the main opposition Nepal Congress (NC).
The petition demands revocation of Gautam's appointment pointing that the practice of taking persons who have lost the election to the National Assembly has increased.
"I have demanded interim order to revoke the recommendation by the Cabinet to appoint him, prohibitory order to stop him from becoming minister and mandamus to issue standards for appointment in the National Assembly," Tripathi had told Setopati after registering the petition on Monday.
The ruling party is looking to appoint Gautam and CPN Spokesperson Narayan Kaji Shrestha, who was also taken to the National Assembly after losing the election to Baburam Bhattarai, as ministers.
