Acting Chief Justice Deepak Kumar Karki formed the bench and assigned it to hear six cases for today. The bench comprises Acting CJ himself and other four judges Meera Khadka, Hari Krishna Karki, Bishwambhar Shrestha and Ishwor Prasad Khatiwada. The constitutional bench at the SC had remained affected for around five months.
Nepal’s Constitution (Article 137) has the provision of the formation of a constitutional bench that shall comprise of the Chief Justice and other four Justices appointed by the Chief Justice on the recommendation of the Judicial Council.
It may be noted that CJ Cholendra Shumser Rana has not been allowed to carry out his official duty since February 13 following the registration of an impeachment motion against him at the Federal Parliament Secretariat.
The bench will hear into disputes over the jurisdiction between the Federation and Province, among Provinces, between a Province and local level and among the local levels (of government) and disputes concerning the election of members of the Federal Parliament or Provincial Assembly, and ineligibility of the member of the Federal Parliament or Provincial Assembly.
According to SC Spokesperson Bimal Poudel, hearing in the constitutional bench had remained affected since September 29, 2021 due to lawyers’ protest over the alleged bargaining of CJ Rana for his share in the formation of the government.
Hearing at the constitutional bench takes place twice a week, on Wednesday and Friday, at the SC.