Writ at SC challenges legality of oath taken by President Bhandari

Mar 29, 2018 : The Supreme Court registered a writ petititon on Wednesday, challenging the legality of the oath taken by President Bidhya Devi Bhandari from former chief justice Gopal Prasad Parajuli.

Advocates Hem Mani Subedi and Narayan Kharel registered the writ at the apex court. The hearing on the writ will begin on Thursday. Noting constitutional provision requiring the President to take the oath of office and secrecy from an officiating chief justice, the writ argues that it is unconstitutional for President Bhandari to take oath from CJ Parajuli whose tenure had expired on August 5 last year according to the letter issued by the Judicial Council.
Former CJ Parajuli had administered the oath of office and secrecy to President Bhandari at Sheetal Niwas on March 14.
“The administering of oath by a person having no right has let the people down and seriously violated the principle of rule of law. The March 14 swearing-in of President Bhandari is against the constitution,” the writ states, demanding an interim order prohibiting the President from taking part in any activities without taking oath from an officiating Chief Justice.
The writ has named President Bhandari; President’s Office Sheetal Niwas; Prime Minister KP Sharma Oli; PM and Cabinet Office; Speaker of the House of Representatives Krishna Bahadur Mahara; chairman of the National Assembly; retired CJ Parajuli; leader of the opposition party; and Constitutional Council Secretariat as defendants.
The writ also demands that the court nullify the oath taken by Bhandari from Parajuli and issue a mandamus order in the name of PM, House Speaker, National Assembly Chairman and Constitutional Council Office, while directing the government to appoint a new CJ soon.


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