Kathmandu: In a landmark decision delivered at midnight, the Supreme Court of Nepal has dismissed all 15 writ petitions filed against the appointment of 52 office bearers to various constitutional commissions. The verdict effectively validates the tenure of the appointees, allowing them to serve their full term.

The decision came from a Constitutional Bench comprising Chief Justice Prakash Man Singh Raut, Senior Justice Sapna Pradhan Malla, and Justices Manoj Kumar Sharma, Dr. Kumar Chudal, and Dr. Nahakul Subedi. A majority ruling—with Justices Malla, Sharma, and Chudal in favor—determined that the petitions challenging the appointments did not warrant legal remedy.

In contrast, Chief Justice Raut and Justice Dr. Subedi issued a dissenting opinion, arguing that the initial appointments made through the Constitutional Council's recommendation on Mangsir 30, 2077 BS were unconstitutional and legally flawed. They advocated for those appointments to be invalidated but agreed that the subsequent appointments on Baisakh 26, 2078 BS should remain intact.

The appointments in question were made during the administration of then-Prime Minister K.P. Sharma Oli, who used ordinances to bypass parliamentary procedures and fill posts in key constitutional commissions. This move had triggered widespread political and legal debate, leading to 15 separate writ petitions challenging the constitutionality of the process.

The hearing had concluded on 1st Jestha, and the court had been expected to deliver its decision on 28th Jestha, but the verdict was deferred and eventually delivered late on Monday night.

Supreme Court spokesperson Achyut Kuinkel confirmed the ruling and noted the divided opinion within the bench, with the majority ultimately prevailing.

This decision is seen as a significant legal and political moment, affirming the appointments made through executive ordinance, and could have broader implications for executive-legislative checks and balances, as well as the future use of ordinances in appointments to constitutional bodies.