Legal Development in Nepal

Supreme Court Decision on MP’s Funds

Nepalnews reports here that Supreme Court has stayed the release of 1 Million Rs. to each MP before CA Election. The Report can be read here. But, I did not really understood the logic of SC. Nepalnews Reports that the two judge bench of SC held that the decision of SC is unconstitutional. But, why? on what Constitutional grounds? I wish someone will elaborate on this point.

SC quashes govt decision to give Rs 1 million to MPs

The Supreme Court on Wednesday quashed the government’s decision to provide each member of the interim parliament with Rs 1 million for development works in their constituencies.

A bench of justices Anup Raj Sharma and Kalyan Kumar Shrestha made the ruling, asking the government to put on hold the distribution of the money.

A group of lawyers had filed a writ petition challenging the decision to allocate Rs 1 million to MPs under the constituency development programme.

Describing the government’s decision as unconstitutional, the lawyers had argued that the money could be misused during the constituent assembly election.

On Monday, the seven-party Steering Committee had decided to halt the distribution of the money to the MPs until the polls.

Kantipur has also reported the news here. The report of the Kantipur is slightly elaborate and it says that the SC held so on the ground that implementation of the fund would breach the interim constitution as there is no such provision in the statute, and that the lawmakers also do not have specific electoral constituencies.

Terming as “unconstitutional” government’s controversial plan to distribute Rs 1 million to each members of the interim parliament for the constituency development programme, the Supreme Court Wednesday issued an interim order asking the government to immediately put on hold its programme.A division bench of justices Anup Raj Sharma and Kalyan Kumar Shrestha stated that implementation of the fund would breach the interim constitution as there is no such provision in the statute, and that the lawmakers also do not have specific electoral constituencies.

The apex court interim order further states that the fund could also influence the April 10 Constituent Assembly elections.

A group of 11 advocates had filed a writ petition against the programme a few days back.

However, it may be noted that a meeting of the steering committee of the ruling seven-party alliance had on Monday decided to stall the programme till the CA elections take place in the face of mounting criticism from the international community, the Election Commission and the Madhesi agitators.

On Sunday, the Election Commission had also asked the government put off the programme, concluding that it could influence the crucial vote.

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