As the Supreme Court weighs precedent on automatically revived laws, the government faces fierce opposition questioning why it is legislating to reinstate acts that experts say were restored when the ordinance expired.
A meeting of the House of Representatives. Photo: RSS
KATHMANDU: Four and a half months after being relieved of his post, Hitendra Dev Shakya, the former Managing Director of the Nepal Electricity Authority (NEA), moved the Supreme Court on September 22 with a writ petition demanding his reinstatement to his previous position. On September 23, a single bench of Justice Kumar Regmi issued a show-cause order against the government and summoned both parties for discussions regarding an interim order.
Whether Shakya will be reinstated to the post now rests in the hands of the Supreme Court. A hearing on his case is taking place today, October 2. Shakya, who was appointed NEA Managing Director following a Cabinet decision on March 24, 2025, was removed from his post on September 21, 2025, by the Sushila Karki-led interim government. Having been removed multiple times with changing governments, Shakya had knocked on the doors of the apex court against his dismissal. On December 8, 2025, the Supreme Court quashed the government’s decision and issued a mandamus order for his reinstatement.
After the ordinance lapsed, the government submitted the ‘Bill Related to Reviving Provisions of Certain Nepal Acts’ to Parliament to restore the legal arrangements that existed prior to it.
Having returned to work following the court order, Shakya was ousted once again due to the ‘Special Provisions Related to the Removal of Public Officials Ordinance, 2026’. He was automatically relieved of his position after the government led by Balendra Shah issued the ordinance on May 2. Not only Shakya, but 1,594 individuals holding various public positions across the country were ousted due to this ordinance.
That ordinance, which dismissed nearly 1,600 people in one go, has now lapsed. After the ordinance lapsed, the government submitted the ‘Bill Related to Reviving Provisions of Certain Nepal Acts’ to Parliament to restore the legal arrangements that existed prior to it. Passing the bill, however, will have to wait for the winter session. On October 1, President Ramchandra Paudel, on the recommendation of the Cabinet on September 29, prorogued the ongoing session of both houses of the Federal Parliament. The session is to be prorogued with effect from midnight on October 2.
Following the expiry of the ordinance, not only Shakya but other dismissed officials seeking reinstatement have also begun turning to the courts. Officials from the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons have already approached the court with writ petitions demanding their reinstatement. Appointments of office-bearers to the two commissions formed for transitional justice related to the armed conflict era have still not been made.
Lawmakers during a House of Representatives meeting. Photo: RSS
Ordinance that relieved 1,594 officials of their posts
On May 2, the ‘Special Provisions Related to the Removal of Public Officials Ordinance, 2026’ was issued. By amending 110 Acts, the government ousted public officials en masse. The ordinance was introduced to completely replace old appointments, regardless of any conditions, facilities, or tenures attached to the appointments of public officials appointed and serving in public bodies prior to March 26, 2026.
The stated objective was to initiate new appointments from scratch based on eligibility and systematic criteria, making future appointees fully accountable to their responsibilities. Phrases defining tenure were removed from all former Acts.
After failing to secure parliamentary approval within the constitutional timeframe, the ordinance regarding public officials lapsed on July 10.
The government had recommended the ordinance containing provisions to revoke all political appointments to the President. A note released by the Prime Minister’s Secretariat stated that the ‘Ordinance Formed to Make Special Provisions Regarding the Removal of Public Officials’ was introduced with the aim of removing officials holding political appointments in public bodies.
The ordinances recommended during that phase also listed objectives such as making public body appointments transparent and competitive, ending party politicization, expediting public construction works, returning the money of small cooperative depositors, and ensuring effective service delivery in land management, revenue, and survey departments.
After failing to secure parliamentary approval within the constitutional timeframe, the ordinance regarding public officials lapsed on July 10.
Minister for Law, Justice and Parliamentary Affairs Sobita Gautam presenting a thematic bill in the House of Representatives meeting. Photo: RSS
In the bill presented in Parliament by Prime Minister Balendra Shah, a financial note states that “Since the provisions of various Acts amended and repealed by the Special Provisions Related to the Removal of Public Officials Ordinance, 2026 are being revived to maintain the former provisions, the bill will not incur additional financial burden.”
The bill was introduced to restore the former status by reviving the provisions of 85 Acts modified by the ordinance, including the Nepal Airlines Corporation Act, Nepal Electricity Authority Act, Lumbini Development Trust Act, Pashupati Area Development Trust Act, Public Service Broadcasting Act, and Food Hygiene and Quality Act. It has been stated that sections of the Acts amended by the Special Provisions Related to the Removal of Public Officials Ordinance, 2026 are being returned to their prior state. Parliamentary records show that the bill was registered on September 22, presented in the House of Representatives on September 28, and undergone general discussion on September 29.
New appointments have already been made to several public posts from which individuals appointed by previous governments were removed.
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