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Supreme Court

Supreme Court issues show-cause order on writ by rejected ambassador nominee Chudamani Kharel

Kharel, the government’s nominee for ambassador to Malaysia, is challenging a parliamentary hearing committee’s refusal to approve him. The court has asked the respondents for a written reply within 15 days and listed his request for an interim order for hearing.

The skyline of Kuala Lumpur, Malaysia, seen from a pedestrian bridge.
Kuala Lumpur, Malaysia. Representative image: CEphoto, Uwe Aranas / Wikimedia Commons / CC BY-SA 3.0
In this article
  1. The petition
  2. Background
  3. The legal question
  4. What happens next
  5. Sources

The Supreme Court of Nepal has issued a show-cause order on a writ petition filed by Chudamani Kharel, whose nomination as ambassador to Malaysia was rejected by Parliament’s Parliamentary Hearing Committee. A single bench of Justice Balakrishna Dhakal asked the respondents to explain, with reasons and evidence, why the order sought should not be issued, and to submit a written reply through the Office of the Attorney General within 15 days. The order was reported on 6 November (20 Kartik 2083 BS).

Kharel also asked for an interim order. The bench did not grant one; it said it would decide after hearing both sides and listed the matter as a priority. The order, as quoted by Bizmandu, fixes the hearing for 2083/07/30 BS, which is 16 November 2026. Onlinekhabar also reported that date.

The petition

Kharel filed a writ of certiorari, which asks the court to quash a decision, on 4 November (18 Kartik). The Federal Parliament Secretariat is among the respondents. He argues that the committee rejected him without adequate legal basis or evidence. According to Ratopati, he was represented by Senior Advocates Badri Bahadur Karki, Dr Surendra Bhandari and Lalit Bahadur Basnet, with Advocate Yagyaraj Pandey.

Background

The Cabinet nominated ambassadors to several countries on 18 September (2 Asoj), including Kharel for Malaysia. Article 292 of the Constitution requires a parliamentary hearing before ambassadors, the Chief Justice, Supreme Court justices and heads of constitutional bodies are appointed. According to Onlinekhabar, no formal complaint was filed against Kharel, but at his hearing on 14 October (28 Asoj) MPs questioned him about a possible conflict of interest and financial dealings, which he denied. News that the committee had declined to approve him was published the same day.

Onlinekhabar reported that, in the committee’s internal discussion, members concluded that Kharel’s closeness to foreign-employment businesses would create a conflict of interest in Malaysia, a major destination for Nepali migrant workers, and that he did not meet the “high moral character” standard of the Ambassador Appointment Directive of 2075 BS. Nyayapalika has not seen a written statement of reasons from the committee.

The case raises the question of how far the Supreme Court can review a parliamentary committee’s decision to approve or reject a nominee, and whether the hearing followed the principles of natural justice. A show-cause order is a procedural step: it does not indicate any view on the merits.

What happens next

The court will consider the interim-order request after hearing both sides on 16 November, and the full petition after the written replies are filed. The petition of former Inspector General of Police Dan Bahadur Karki, who is seeking reinstatement, is also listed for hearing on the same day.

Sources

Ratopati gives the interim-order hearing date as 30 Mangsir; Bizmandu’s quotation of the order and Onlinekhabar both give 30 Kartik (16 November). We have followed the source that quotes the order and will correct this if the Supreme Court’s cause list shows otherwise.

Other reporting

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The Nyayapalika editorial team.