A writ petition has been registered at the Supreme Court (SC), challenging the legality of the oath taken by President Bidhya Devi Bhandari from outgoing Chief Justice (CJ) Gopal Prasad Parajuli.

 Advocates Hem Mani Subedi and Narayan Kharel registered the writ at the apex court on Wednesday. The hearing on the writ will begin from Thursday.

Noting constitutional provision requiring the president to take the oath of office and secrecy from an officiating Chief Justice, the writ has argued that it was unconstitutional for President Bidya Devi Bhandari to take oath from retired CJ. The writ has claimed that no one paid attention to the fact that Parajuli, the person administering oath to President Bhndari, had retired on August 5 last year according to the letter issued by Judicial Council.

Former CJ Parajuli had administered the oath of office and secrecy to President Bhandari amidst a special function in Sheetal Niwas in Maharajgunj, Kathmandu on March 14.

“The administering of oath by a person having no right has let the people down and seriously violated the principle of rule of law,” the writ stated. “The March 14 swearing-in by President Bhandari is against the constitution.”  The writ has also demanded an interim order prohibiting the president from taking part in any activities without taking oath from an officiating Chief Justice.

The writ has named President Bidhya Devi Bhandari, President’s Office Sheetal Niwas, Prime Minister KP Shamra Oli, PM and Cabinet Office Singha Durbar, House Speaker Krishna Bahadur Mahara, Speaker’s Office, Singha Durbar, Chairman of National Assembly, retired CJ Parajuli, Opposition Party leader and Constitutional Council Secretarait as defendants.

The writ has also demand the court nullify the oath taken by Bhandari from CJ Parajuli and a mandamus order  to PM, House Speaker, National Assembly Chairman, and Constitutional Council Office, calling for an early appointment of a new CJ.