Supreme Court upholds the appointment of 52 controversial officials of Constitutional bodies

Kathmandu – The Supreme Court has upheld the appointments of 52 officials to constitutional bodies, which were previously embroiled in controversy. A constitutional bench recently dismissed petitions challenging these appointments, officially recognizing their status after four and a half years.

The bench, consisting of five judges, announced their ruling after deliberations on Thursday. Chief Justice Prakash Man Singh Raut, alongside judges Sapanapradan Mall, Manoj Kumar Sharma, Nahakul Subedi, and Kumar Chudal, formed the bench handling the case.

According to sources, there was a split decision in the orders. Three judges supported dismissing the petitions, while two believed they should proceed. Judges Sapana Pradhan Malla, Kumar Chudal, and Manoj Sharma favored dismissing the petitions, whereas Chief Justice Prakash Man Singh Raut and Judge Nahakul Subedi felt the petitions should move forward.

The constitutional bench also issued directive orders related to the case.

These appointments trace back to former Prime Minister KP Sharma Oli’s tenure, where he amended the Constitutional Council Act through an ordinance and appointed 52 officials on two occasions. Claims of their unconstitutionality led to 16 petitions being filed, with hearings starting on January 13 of the previous year. The bench concluded hearings in the first week of May, allowing until the 16th for written arguments, and set a decision date for May 28.

The appointments were made in December 2020 and May 2021, during Oli’s government. Despite having just Chief Justice Cholendra Shumsher Jabara and National Assembly Chair Ganesh Prasad Timilsina present in the council, recommendations were made. Speaker Agni Prasad Sapkota and opposition leader Sher Bahadur Deuba were absent. This raised concerns over constitutional and democratic principles, as Oli was perceived to have favored his affiliates for these positions.