SC rejects writ against cabinet

March 9, 2006
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The Supreme Court (SC) has refused a writ petition questioning the constitutionality of the incumbent cabinet headed by His Majesty the King.

The SC administration said that it had rejected similar writ petitions in the past as well.

“Since the case has already been settled by the Chief Justice’s bench, there was no need to register the case as per the SC Regulation and Court Management Chapter of the National Code,” the rejection order passed by the registrar of the SC Dr Ram Krishna Timalsena stated.

A single bench headed by Chief Justice Dilip Kumar Paudel had nullified a similar case a few months ago.

Terming the present government unconstitutional, advocate Laxman Thapaliya on Tuesday placed the petition seeking the apex court order to scrap the Council of Ministers. The writ petitioner questioned the constitutionality of the Council of Ministers chaired by the King and its vice-chairmen.

The advocate also sought the SC’s order to return the salaries drawn by the vice-chairmen Dr Tulsi Giri and Kirtinidhi Bista, saying they have no right to draw salaries from the state treasury.