The Parliament Secretariat on Thursday told the Supreme Court not to examine the recently-promulgated Constituent Assembly Member Election Act, 2007. It said there is no need of judicial intervention in the Act's provision to disqualify those indicted by the Rayamajhi Commission from contesting the constituent assembly elections.
"It is the prerogative of the parliament to promulgate the Act and there is no need for the apex court to intervene in the issue," joint secretary at the Parliament Secretariat, Tek Prasad Dhungana, said while submitting an affidavit on Thursday. He said that the Rayamajhi Commission-indicted are disqualified from contesting the constituent assembly elections as they suppressed the Jana Andolan II through the misuse of state powers and treasury.
"Such a disqualification is legitimate because those indicted by the Rayamajhi Commission have violated human rights and misused state treasury. As the government disqualified them as per its constitutional mandate, there is no need for the apex court to review the matter," the affidavit stated. The Parliament Secretariat was responding the SC notices on a writ petition filed by advocate Kamalesh Dwevedi. The writ petitioner has challenged the provision of the Act that bars the Rayamahjhi Commission-indicted from contesting the elections.Dhungana claimed that the provision to bar the Rayamajhi Commission-indicted is in line with Article 65 (C 1) of the Interim Constitution of Nepal 2007 and Clauses 18 and 19 of the Constituent Assembly Election Act 2007.
"It is the prerogative of the parliament to promulgate the Act and there is no need for the apex court to intervene in the issue," joint secretary at the Parliament Secretariat, Tek Prasad Dhungana, said while submitting an affidavit on Thursday. He said that the Rayamajhi Commission-indicted are disqualified from contesting the constituent assembly elections as they suppressed the Jana Andolan II through the misuse of state powers and treasury.
"Such a disqualification is legitimate because those indicted by the Rayamajhi Commission have violated human rights and misused state treasury. As the government disqualified them as per its constitutional mandate, there is no need for the apex court to review the matter," the affidavit stated. The Parliament Secretariat was responding the SC notices on a writ petition filed by advocate Kamalesh Dwevedi. The writ petitioner has challenged the provision of the Act that bars the Rayamahjhi Commission-indicted from contesting the elections.Dhungana claimed that the provision to bar the Rayamajhi Commission-indicted is in line with Article 65 (C 1) of the Interim Constitution of Nepal 2007 and Clauses 18 and 19 of the Constituent Assembly Election Act 2007.
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