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NC moves SC against House Regulations, seeks annulment of controversial provisions

At the center of the dispute are Rules 140(11) and 259, which the NC argues are inconsistent with Article 274(8) of the Constitution.
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By REPUBLICA

KATHMANDU, July 11: The Nepali Congress (NC) has taken its battle over the newly endorsed House of Representatives Regulations to the Supreme Court (SC), challenging key provisions it says violate the Constitution and undermine the constitutional authority of the National Assembly.



The writ petition, filed on Friday, seeks to invalidate certain provisions of the House of Representatives Regulations, 2026, and has been scheduled for hearing before the Constitutional Bench on July 16. 


At the center of the dispute are Rules 140(11) and 259, which the NC argues are inconsistent with Article 274(8) of the Constitution. The party contends that the provisions effectively elevate the House regulations above an Act of Parliament while encroaching upon the constitutional jurisdiction of the National Assembly.


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The petition also seeks an interim order to suspend the implementation of the disputed provisions until the Supreme Court delivers its final verdict.


The writ has been jointly filed by Kamaladevi Pant, leader of the NC Parliamentary Party in the National Assembly; National Assembly Chief Whip Padam Bahadur Pariyar; Deputy Leader of the party in the House of Representatives (HoR) Abhishek Pratap Shah; and House Chief Whip Basana Thapa.


The House of Representatives Regulations, 2026, were endorsed by a majority vote on May 31 despite protests and sloganeering by the NC and other opposition parties. During the deliberations, the NC had demanded that the draft regulations be referred back to the committee, arguing that several contentious provisions required further discussion.


However, Speaker Dol Prasad Aryal rejected the request, saying there was no need to return the draft to the committee, and proceeded with its endorsement. The regulations were drafted by a committee coordinated by Rastriya Swatantra Party lawmaker Ganesh Parajuli.


According to advocate Raju Katuwal, who prepared the petition, the respondents include the HoR, the Federal Parliament Secretariat, Speaker Aryal, committee coordinator Parajuli, and the Ministry of Law, Justice and Parliamentary Affairs.


Through the petition, the NC has urged the apex court to strike down the disputed provisions as unconstitutional and prevent their implementation pending a final ruling.

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