Constituent Assembly Court Act, 2064 (2007)


Published: 2007

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The Constituent Assembly Court Act, 2064 (2007) The Constituent Assembly Court Act, 2064 (2007). Date of Authentications and publication :
Bhadra 2 2064 (August 19, 2007)

An Act No. 11 of the Year 2064 (2007)
An Act Made to Provide for the constitution , Jurisdiction and
procedures of the Constituent Assembly Court
Preamble: Whereas, it is expedient to make legal provisions fr the constitution,
jurisdiction and procedures of the Constituent Assembly Court to hear and settle petitions
relating to the election of members of the Constituen Assembly;
Now, therefore, be it enacted by the Legislature -Parliament.
Chapter – 1 Preliminary
1. Short title and commencement: (1) This Act may be called as “the Constituent
Assembly Court Act, 2063 (2006)”.
(2) This Act shall come into force immediately.
2. Definitions: Unless the subject or the context requires otherwis, in this Act,-
(a) “Court” means the Constituent Assembly Court constituted pursuant to Section
3.
(b) “Chairperson” means the Chairperson of the Constituent Assembly Court.
(c) “Member” means a member of the Constituent Assembly Court, and this
expression also includes the Chairperson.
(d) “Registrar” means the Registrar designated pursuant to Section 16.

Chapter - 2
Formation of the Court, Jurisdiction and exercise thereof
3. Formation of the Court: (1) The Government of Nepal shall, in consultation with
the Judicial Council, and by a notification in the N pal Gazette, constitute a
Constituent Assembly Court to hear and settle petitions relating to the election of
members of the Constituent Assembly.
(2) The Government of Nepal shall, on the recommendation of the
Judicial Council, designate a Chairperson and two members of the Court from
amongst the sitting Judges of the Supreme Court.
(3) A notice on the designation of the Chairperson and members pursuant
to Sub-section (2) shall be published in the Nepal Gazette.
4. Jurisdiction of Court and exercise thereof: (1) The Court shall hear and settle
petitions relating to the election to members of the Constituent Assembly.
(2) Without prejudice to the generality of Sub-section (1), the Court may, in
the course of hearing and settling cases pursuant to this Act, also hear and settle the
following matters:
(a) Disqualification of a member of the Constituent Assembly;
(b) Invalidation of the election of a member of the Constituent Assembly;
(c) Offences relating to the election of the membrs of the Constituent
Assembly.
(3) The jurisdiction of the Court shall be exercised collectively by the three
members.
Provided that, one member present bench may carry out proceedings in a
case, and that a two-member present bench may hear and settle a case.
(4) If the three members of a three-member present b nch hold a unanimous
opinion, or if there is a majority of two members, such opinion shall be deemed to
be the verdict of the Court.
(5) If a two-member present bench fails to reach onsensus, action shall be
taken according to the opinion of the Chairperson, in the case of proceedings, if it is
a bench including the Chairperson, and according to the opinion of the senior
member, if it is a bench excluding the Chairperson. If, in the case of the judgment
of a case or final order, there is no majority, thematter shall be referred to the
member who was absent earlier and the opinion supported by him/her shall be
deemed to be the verdict of the Court.
(6) The verdict given by the Constituent Assembly Court shall be final.
5. No petition to lie in other court: Notwithstanding anything contained in the laws
in force, no question may be raised in any court in respect of any matter falling
under the jurisdiction of this court.
Chapter - 3
Powers and Procedures of Court
6. Powers of Court: The Court shall have the following powers:
(a) To question such other persons or examine suchother evidence related to the
case as may be deemed necessary, in addition to the witn sses of the
petitioner and the respondent;
(b) To issue summon in the name of respondent and to arrest the respondent who
does not appear before the Court within the time-liit of the summons, and
take his or her deposition;
(c) To issue the summons in the name of a witness and take his or her testimony;
(d) To try a case by releasing a party on the conditi that the party shall appear
on the appointed date or to try a case by releasing the party without requiring
him or her to appear on the appointed date on the condition that he or she can
be summonsed as and when required or that he or she shall appear at a
specified time.
7. Power to issue interlocutory and stay order: (1) The Court may, if it deems
necessary and appropriate, issue any necessary and appropriate order with regard to
a petition filed under this Act pending the filing of the Statement of Defence by the
respondent or pending the settlement of the petition.
(2) If the bench deems it appropriate to give verdict on a petition, the bench
may give verdict on the petition even though it is submitted for an interlocutory
order pursuant to Sub-section (1).
(3) The Court may, in the course of settling a question that any member of
the Constituent Assembly is disqualified or is no longer qualified to be a member of
the Constituent Assembly by the reason that he or she has not any qualification as
referred to in Article 65 of the Interim Constitution of Nepal, 2063 (2007), issue a
stay order thereby restraining such member of the Constituent Assembly from
participating in the meetings of the Constituent Assembly or performing any
activity in the capacity of a member of the Constituent Assembly or being involved
in any activity on behalf of the Constituent Assembly, if there is sufficient ground
to hold him or her to be disqualified on the basis of the immediately available
evidence.
8. Procedures relating to service of summon notice: (1) While issuing the summon
notice in the name of a respondent named in a petition filed with the Court, the
summon notice shall be issued by specifying a timel it not exceeding seven days,
excluding the time required for travel.
(2) If the summon notice issued in the name of a respondent pursuant to
subsection (1) could not be served, such summon notice may be issued through
telex or telefax number being used by the respondent or any other means of
electronic media that can be recorded or by registered mail; and the summons so
issued shall be deemed to be duly served.
(3) While issuing the summon notice in the name of a witness in a case
filed with the Court, the Court may issue the summons by specifying a time limit
not exceeding seven days, excluding the time requid for travel.
(4) The summon notice to be issued pursuant to this Section can be issued by
any employee of the Court or through a district court or any other government
office situated nearby. It shall be the duty of the registrar (Shrestedar) of the
concerned district court or the chief of the governme t office to serve the summon
notice of the Court to be issued with a priority.
(5) Any employee who goes to serve the summons issued by the Court shall
complete the service of summon notice no later thanwo days, excluding the time
required for journey. If such an employee is found to have delayed the service of
summon notice without any reasonable ground, the Court may punish him or her
with a fine not exceeding five hundred rupees.
(6) Notwithstanding anything contained in Sub-section (5), the Court may
order to take departmental action against an employee who has not served the
summon notice intentionally with mala fide intention or recklessness.
(7) If a person, knowing that the Court has issued the summon notice in
his/her name, makes an application to the Court or any court or office to which the
summons has been sent for its service to receive the summon notice, such summon
notice may be served on him or her. No fees shall be charged for such application.
(8) If a report is submitted indicating that the summon notice issued in
the name of any person could not be served by the reason that the address of such
person could not be traced or for any other reason, while serving the summons in
accordance with the procedures referred to in this Section, the Court may publish a
public notice in a newspaper of national circulation, setting out a short description
of the case filed in the Court, ordering such person to be present before the Court
within a time limit not exceeding 7 days; and if a notice is so published, the
summon notice shall be deemed to have been duly served on such person.
(9) Notwithstanding anything contained elsewhere in this Section, if any
summon notice has to be issued in the name of a member of the Constituent
Assembly, the Court shall ask the secretary-general or secretary of the Constituent
Assembly to serve the summon notice and when so asked, the secretary-general or
secretary of the Constituent Assembly shall serve the summon notice in the name
of concerned member of the Constituent Assembly, and se d information thereof to
the Court. Where the summon notice is so served, the summon notice shall be
deemed to have been duly served.
(10) Other provisions relating to the service of summon notice, other than
those mentioned in this Section shall be as per the laws in force.
9. Provision relating to extension of time limit, appointed date for presence: If a
party named in a case filed in the Court makes an application for an extension of
the time limit appointed date for presence, setting out the reasons and grounds
beyond his or her control, and if such statement appe rs to be reasonable, the Court
may, for one time, extend the time, appointed date for presence, for up to seven
days.
10. Other powers and procedures: (1) While hearing and settling a petition filed
under this Act, the Court shall exercise and apply the powers and procedures
referred to in this Act, to the extent so referred in this Act; and the Court shall, in
respect of other matters, apply the procedures as referred to in Summery Trial Act,
2028 (1971).
(2) The Court may exercise and apply the same powers and the same
procedures as the district court may have in accordance with the laws in force on
the matters other than those as referred to in Sub-section (1).
Chapter - 4
Miscellaneous
11. Oath: The Chairperson and member shall have to take oath of office with the Chief
Justice in the format as referred to in Schedule prior to assuming his or her office.
12. Contempt of court: (1) The Court may institute action against a person in
contempt of the Court; and if the Court holds that the contempt of court has been
committed, it may punish such person with imprisonme t for a term not exceeding
one year or with a fine not exceeding ten thousand rupees or with both.
(2) Notwithstanding anything contained in Sub-section (1), if the accused or
offender submits an apology to the satisfaction of the Court, it may either pardon
him or her, or remit or commute the sentence imposed on him or her, in cases
where the sentence has already been specified, or postpone the sentence on such
conditions as specified by the Court, and order not to carry out the sentence if such
conditions are complied with.
13. Obligation to produce such deed, evidence, document or reply as required by
Court in relation to case: (1) If the Court orders any office to produce any dee ,
evidence, document or any other matter required for evidence in a case or if the
Court asks for clarification or reply in respect of any other matters, the concerned
office shall comply with such an order within the time as specified by the Court.
(2) If the hearing and settlement of a case is impeded or any party is unduly
harassed or affected by the reason of the failure of any office to comply with an
order of the Court referred to in Sub-section (1), the Court may punish the chief of
the concerned office or its employee with a fine not exceeding five hundred rupees
for very instance of such failure.
(3) Notwithstanding anything contained in Sub-section (2), if the chief or the
concerned office or its employee submits an application, accompanied by the
reason for such failure to comply with the order of the Court, stating that such fine
should not be imposed, and the reason seems to be satisfactory, the Court may
cancel the order of such a fine.
14. Period for completion of hearing and settlement of cases: (1) The Court shall
complete the final hearing and settlement of a case within three months from the
date on which the statement of defence, if any, is filed or from the date on which
the time limit specified for the submission of the statement of defence expires in
cases where the statement of defence is not submitted.
Provided that, no case shall be finally heard an settled prior to the lapse of
the time limit allowed for the extension of the expired time limit pursuant to
Section 9.
(2) Notwithstanding anything contained in Sub-section (1), a case which has
become matured for settlement after procuring and examining the required
evidence from and on behalf of the petitioner and the respondent shall be settled by
the Court no later than seven days from the date on which the case gets such
maturity.
(3) The verdict given by the court in accordance with this Act shall be
final.
15. Execution of judgment: If the Court indicates in its judgment or final orde that
it has to be executed by any body, such body shall, and, if no such body is
indicated, the concerned district court shall, execut the judgment or final order.
16. Registrar: (1) The Government of Nepal may, by a notification in the Nepal
Gazette, designate a gazetted first class officer of the Nepal Judicial Service as the
Registrar.
(2) The functions, duties and powers of the Registrar shall be as follows:
(a) To verify and examine petitions, statements of defence and other
deeds, as well, intended to be filed in the Court and register the same
if they meet the requirements or refuse to regist r them setting out the
reason for such refusal, if they cannot be regist red;
(b) To verify the duplicates produced in a case with the originals and
attest the same if they verify;
(c) To issue and serve, or cause to be issued and served, the summons to
be served on a person or witness who is ordered to appear, and
examine whether the summons served has been duly served or not,
and if it does not appear that such summons has been duly served, to
cancel the summons and get the summons served again in a due
manner;
(d) To issue order in accordance with law if an application is made an
extension of the time limit or, date appointed for presence as allowed
under the law;
(e) To implement, or cause to be implemented, all the activities as
indicated in the orders issued by the bench.
17. Provision of employees: The Government of Nepal shall provide all other
employees as required for the Court.
18. Dissolution of Court: (1) The Government of Nepal may, by a notification n the
Nepal Gazette, dissolve the Court after the completion of the purpose for which this
Court has been formed pursuant to this Act.
(2) After the dissolution of the Court pursuant to Sub-section (1), the
Government of Nepal shall so transfer all case-files, documents and movable and
immovable properties in custody of the Court that t e custody thereof devolves on
the Supreme Court.
19. Liaison with Government of Nepal: While making contact with the Government
of Nepal, the Court shall make such contact through the Ministry of Law, Justice
and Parliamentary Affairs.
20. Power to frame Rules: The Government of Nepal may, in consultation with the
court, frame necessary Rules to carry out the objectives of this Act.















Schedule
Relating with Section 11
Taking of oath of Office of Chairperson/member of the Constituent Assembly Court
I, …………………….., being fully loyal to the country and the people, do hereby
honestly and faithfully promise/ take an oath in the name of god that I, by being fully loyal
to the Interim-Constitution of Nepal, 2063 (2007) promulgated upon paying high honour
to the spirit expressed by the people through the popular movement that the state power
and sovereignty of Nepal must be inherent only in Nepali people , shall honestly perform
the duties of the Office of Chairperson/member of the Constituent Assembly Court subject
to the prevailing laws neither fearing from any one nor taking the side of any one nor
being biased against anyone , or having bad faith in, any one and I shall not disclose or
hint any matter which I come to know in the performance of my duties in any manner at
any time when I hold or cease to hold the Office except in compliance with the prevailing
laws.