The Supreme Court has granted an interim injunction prohibiting seven non-parliamentarian ministers from continuing to serve as ministers.
Chief Justice Cholendra Shamsher Rana issued an interim ruling Thursday prohibiting Ministers Ram Bahadur Thapa Badal, Top Bahadur Rayamajhi, Lekhraj Bhatt, Prabhu Sah, Gauri Shankar Chaudhary, Mani Thapa, and Dawa Lama from acting in their official capacities.
The seven ministers had all defected from the CPN-Maoist center to join the CPN-UML.
Following the Supreme Court order, the ministries of Home Affairs (Ram Bahadur Thapa), Energy, Water Resources and Irrigation (Top Bahadur Rayamajhi), Industry, Commerce and Supplies (Lekhraj Bhatta), Urban Development (Prabhu Sah), Labor, Employment and Social Security (Gauri Shankar Chaudhary), Drinking Water Supply (Mani Thapa), and Youth and Sports (Dawa Lama) have become vacant.
Advocates Biraj Thapa and Kapil Dev Dhakal filed a writ case in the Supreme Court, claiming that re-appointing a minister who is not a member of parliament would be unconstitutional.
A non-parliamentary minister must become a member of parliament within six months, according to the constitution. However, the Supreme Court has ruled that re-appointing persons who were unable to become members of parliament after becoming ministers violates the stipulations of Articles 1, 2, and 3 of the Constitution.