Thursday, March 09, 2006

SC refuses to register writ against Royal government

Kathmandu, March 9- The Supreme Court refused to register a case that had been filed yesterday demanding that the apex court test the constitutionality of the present Council of Ministers chaired by the King.

Registrar of the Supreme Court, Dr Ram Krishna Timalsena, refused to register the case, saying that a single bench headed by Chief Justice Dilip Kumar Paudel had nullified a similar case a few months ago.

“Since the case has already been settled by the Chief Justice’s bench, there was no need to register the case as per the Supreme Court Regulation and Court Management Chapter of the National Code,” the rejection order passed by Dr Timalsena stated.He also cited the order passed by a single bench of Chief Justice Paudel in response to a writ petition filed by Ram Kishori Mahato. The petitioner had challenged the formation of the government chaired by the King.

Dr Timalsena also cited constitutional and legal provisions, precedents and records of the SC while rejecting the petition. Terming the present government unconstitutional, advocate Laxman Thapaliya yesterday placed the petition seeking the apex court order to scrap the Council of Ministers. The writ petitioner questioned the constitutionality of the Council of Ministers chaired by the King and its vice-chairmen.

The advocate also sought the SC’s order to return the salaries drawn by the vice-chairmen Dr Tulsi Giri and Kirtinidhi Bista, saying they have no right to draw salaries from the state treasury. He sought the SC’s stay order to immediately stopthe Council’s activities, claiming it has no authority to work.
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