The Supreme Court has decided to appoint an amicus curiae to decide on which structure—old (existing) or new—local level elections should be held. 

A division bench of Justices Cholendra Sumsher Rana and Hari Krishna Karki on Wednesday took the decision to seek amicus briefs from Nepal Bar Association (NBA) and Supreme Court Bar Association (SCBA).  

Through the amicus curiae, the apex court will seek opinions from experts outside the court before taking decisions on serious legal and constitutional matters in relation to local polls. 

An amicus curiae is a party that is not involved in a particular litigation but that is allowed by the court to advise it on a matter of law or policy directly affecting the litigation.

The six-member amicus curiae will offer its opinion on the matter in a week.

Debate over whether to hold local elections under the existing structure or new set-up has hot up of late, especially after the government registered a constitution amendment bill which has polarised political parties. 

Local elections have not been held in the country for more than 16 years.

As per the constitutional deadline, the country must hold three levels of elections—local, provincial and federal—by January 2018. 

A commission formed to determine the number and boundaries of local units (village and municipal councils) under the new federal set-up has finalised its report only recently, and it is seeking time from Prime Minister Pushpa Kamal Dahal to submit the report. 

As per the commission report, there will around 725 local units. Once the commission’s report comes into force, new local units will replace 217 municipalities and 3,117 village development committees.

The SC decision to form an amicus curiae comes in response to a writ filed by advocates Chandra Kanta Gyawali, Parshuram Upadhyaya, Liladhar Upadhyaya, Bimal Gyawali, Bijaya Gautam and Shashi Karki who argued that local elections should be held under the old (existing) structure. 

“Considering the issue to be of utmost constitutional importance, the court has sought three experts each from the NBA and SCBA to offer their opinions on the matter,” said Gyawali.

The amicus curiae will offer its opinion to the apex court on whether local elections can be held within the existing structure or not. 

The next hearing is scheduled for December 28.