The Supreme Court has been moved on Monday to stop CPN Vice-chairman Bam Dev Gautam from working as National Assembly member.
Senior advocate Dinesh Tripathi has filed a writ petition arguing that Gautam's appointment as National Assembly member is against the Constitution.
President Bidhya Devi Bhandari had appointed Gautam to the upper House on Thursday on recommendation of the government to fill the position vacant after Yuba Raj Khatiwada's term ended on March 3 after two years following drawing of lottery.
Gautam had lost the last general election from Bardiya-1 to Sanjay Gautam of the main opposition Nepal Congress (NC).
The petition demands revocation of Gautam's appointment pointing that the practice of taking persons who have lost the election to the National Assembly has increased.
"I have demanded interim order to revoke the recommendation by the Cabinet to appoint him, prohibitory order to stop him from becoming minister and mandamus to issue standards for appointment in the National Assembly," Tripathi told Setopati. "My petition has been registered today and I have even been issued a slip. They say the hearing will be scheduled for Wednesday."
The ruling party is now looking to appoint Gautam and CPN Spokesperson Narayan Kaji Shrestha, who was also taken to the National Assembly after losing the election to Baburam Bhattarai, as ministers.
