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Last Updated: Sun, 28.08.11 20:09

SC trashes petition challenging legality of CA tenure extension

The Supreme Court (SC) on Sunday annulled the writ petition challenging the validity of the three-month term extension of Constituent Assembly (CA) on Sunday.

A five-member SC bench led by Chief Justice Khila Raj Regmi including senior justices Tap Bahadur Magar, Ram Kumar Sah, Kalyan Shrestha and Damodar Prasad Sharma scrapped the petition saying that the constitutionality of the three-month extension of CA term cannot be challenged as it was based on the “doctrine of necessity” as parties failed to draft the new constitution and take the peace process to a successful conclusion.

SC passed the final verdict following a week-long hearing,. The bench had taken the help of the amicus curiae sent by Nepal Bar and Supreme Court Bar to arrive at a verdict on the case.

The SC, however, said that its earlier verdict - that the CA term cannot be extended by more than six months in normal situation unless there are special circumstances and a state of emergency is imposed – stands. nepalnews.com

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