Supreme Court Issues Interim Order Halting Implementation of Parliamentary Development Fund
In a significant development, the Supreme Court has issued an interim order, effectively suspending the implementation of the Local Infrastructure Sharing and Development Program, also known as the Parliamentary Development Fund. This directive applies to both the central government and all state governments, instructing them to refrain from executing the provisions related to infrastructure development within parliamentary constituencies.
The Constitutional Bench, composed of Chief Justice Vishwambhar Prasad Shrestha, Justices Ishwar Prasad Khatiwada, Anand Mohan Bhattarai, Anil Kumar Sinha, and Prakashman Singh Raut, issued this interim order.
The Supreme Court's decision comes in response to a writ petition filed by Advocate Trilok Bahadur Chandsamet. The court has directed that the parliamentary area infrastructure development program and any similar initiatives of this nature should remain inactive until a final judgment is reached in this writ petition.
In its order, the court emphasizes that the provisions related to item number 445 of the budget statement for the fiscal year 2080/81, passed as the Appropriation Act, 2080, and other parliamentary provisions of a similar nature found in the Appropriation Act for the fiscal year 2080/81 of the legislatures in the seven provinces should not be enforced until the writ petition is conclusively settled. This decision is rooted in the constitution's wording, spirit, and intent.
The court has also raised concerns about potential disparities in the treatment of directly elected Members of Parliament (MPs) and proportional MPs in such programs, underscoring issues of equity.
This legal action was initiated after Finance Minister Prakash Sharan Mahat revived a budget with the same name, which had been canceled two years prior, through the current year's budget. The writ petition, filed on Shrawan 11, has led to the Supreme Court's issuance of this interim order, pending further legal deliberations.
