Rayamajhi Commission accused can contest CA polls: SC
Giving its final verdict on the controversial Constituent Assembly (CA) Member Election Act-2007, the Supreme Court Thursday ruled that the individuals implicated by the Rayamajhi Commission report can contest the CA elections slated for November 22.
The Act prevents individuals, who are accused by the Rayamajhi Commission of human rights abuse and misuse of state coffers during the king's direct rule from February 2005 to April 2006, from joining the electoral fray.
The controversy landed in court after a dozen individuals found culpable by the Commission moved the apex court, questioning the constitutionality of the legal provision.
However, the division bench of five justices was divided on the verdict.
Majority of the bench comprising justices Balram KC, Top Bahadur Magar and Kalyan Shrestha ruled that those accused by the Rayamajhi Commission be allowed to take part in the elections.
They stated that the provision of the CA member election law contradicted the Interim Constitution.
But, justices Anup Raj Sharma and Damodar Sharma had argued that the law should be upheld since it was all about "legislative wisdom."
On August 27, the ministers and administrators of the erstwhile King-led government had registered a case at the apex court demanding the scrapping of the provision of the Act that bars them from contesting the elections.
In the case filed at the SC, former ministers, administrators and political appointees who served during the royal government had claimed that Clause 19 (G) of the Act was against the Interim Constitution-2007.
Ex-royal ministers Kamal Thapa, Tanka Dhakal, Durga Shrestha, Roshan Karki, Bbuwan Pathak, Durga Shrestha, and former regional administrator Ganesh Sherchan are among the former royal officials who had moved the apex court seeking annulment of the Clause 19 (G) of the Act and a permission to participate in the election process and the CA election.
Speakers of the Interim Legislature-Parliament Subash Nemwang and the Election Commission were been made defendants in the case.
Giving its final verdict on the controversial Constituent Assembly (CA) Member Election Act-2007, the Supreme Court Thursday ruled that the individuals implicated by the Rayamajhi Commission report can contest the CA elections slated for November 22.
The Act prevents individuals, who are accused by the Rayamajhi Commission of human rights abuse and misuse of state coffers during the king's direct rule from February 2005 to April 2006, from joining the electoral fray.
The controversy landed in court after a dozen individuals found culpable by the Commission moved the apex court, questioning the constitutionality of the legal provision.
However, the division bench of five justices was divided on the verdict.
Majority of the bench comprising justices Balram KC, Top Bahadur Magar and Kalyan Shrestha ruled that those accused by the Rayamajhi Commission be allowed to take part in the elections.
They stated that the provision of the CA member election law contradicted the Interim Constitution.
But, justices Anup Raj Sharma and Damodar Sharma had argued that the law should be upheld since it was all about "legislative wisdom."
On August 27, the ministers and administrators of the erstwhile King-led government had registered a case at the apex court demanding the scrapping of the provision of the Act that bars them from contesting the elections.
In the case filed at the SC, former ministers, administrators and political appointees who served during the royal government had claimed that Clause 19 (G) of the Act was against the Interim Constitution-2007.
Ex-royal ministers Kamal Thapa, Tanka Dhakal, Durga Shrestha, Roshan Karki, Bbuwan Pathak, Durga Shrestha, and former regional administrator Ganesh Sherchan are among the former royal officials who had moved the apex court seeking annulment of the Clause 19 (G) of the Act and a permission to participate in the election process and the CA election.
Speakers of the Interim Legislature-Parliament Subash Nemwang and the Election Commission were been made defendants in the case.
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