You are viewing the translated version of संविधानको धारा १३३ को उपधारा (१) अन्तर्गतको निवेदन सम्बन्धी व्यवस्था.
Rule 15
Provisions related to application under sub-section (1) of Article 133 of the Constitution
(1) Under sub-section (1) of Article 133 of the Constitution, any Nepali citizen may file a petition before the court to declare any law invalid and void.
(2) When making an application according to sub-rule (1), a bond of five thousand rupees shall be kept.
(3) If the application is rejected, the bond amount deposited as per sub-rule (2) will be forfeited and if the order is issued according to the demand, it will be returned to the applicant.
(4) In the application given under sub-rule (1), the following things should be disclosed:-
(a) Full name, surname, nationality of the applicant and the respondent (b) Matters relating to the Jurisdiction of the Bench,
(c) the issue of how any provision of the law is inconsistent or invalid with which article or provision of the Constitution,
(d) How or what kind of unfair restrictions have been imposed on which fundamental rights,
(e) the legal provision or any relevant part or part thereof sought to be declared invalid or void,
(f) In relation to the legal provision requested to be declared invalid or null and void in the application, the fact that any application has been processed before that or has not been decided.
(5) The application form given under sub-rule (1) should generally have ten pages. However, if the nature of the subject matter is sufficient to write a ten-page petition, there will be no hindrance in filing a petition of more than that.
(6) In relation to the similar legal provision requested to be declared invalid or null and void in the application as per sub-rule (1), the registrar shall ascertain whether any other person has registered the application before that and whether it is in a state of action or whether the decision has already been taken.
(7) In relation to the disputed question raised in the application under sub-rule (1), a point-by-point rebuttal or admission must be submitted in writing, generally not exceeding ten pages. However, if the nature of the content raised in the application does not suffice to write a written answer in ten pages, there will be no obstacle to submit a written answer of more than that page.
(8) A person who makes an application or submits a written answer of more than five pages must prepare and submit a summary of the application or written answer without extending it to three pages.
(9) No fee shall be charged for submitting a written answer as per sub-rule (7).
(10) Based on the summary submitted in accordance with sub-rule (8), the head of the concerned division shall determine the disputed question and prepare a note of the case by comparing the summary with the original statement of the petition and the written answer.
(2) When making an application according to sub-rule (1), a bond of five thousand rupees shall be kept.
(3) If the application is rejected, the bond amount deposited as per sub-rule (2) will be forfeited and if the order is issued according to the demand, it will be returned to the applicant.
(4) In the application given under sub-rule (1), the following things should be disclosed:-
(a) Full name, surname, nationality of the applicant and the respondent (b) Matters relating to the Jurisdiction of the Bench,
(c) the issue of how any provision of the law is inconsistent or invalid with which article or provision of the Constitution,
(d) How or what kind of unfair restrictions have been imposed on which fundamental rights,
(e) the legal provision or any relevant part or part thereof sought to be declared invalid or void,
(f) In relation to the legal provision requested to be declared invalid or null and void in the application, the fact that any application has been processed before that or has not been decided.
(5) The application form given under sub-rule (1) should generally have ten pages. However, if the nature of the subject matter is sufficient to write a ten-page petition, there will be no hindrance in filing a petition of more than that.
(6) In relation to the similar legal provision requested to be declared invalid or null and void in the application as per sub-rule (1), the registrar shall ascertain whether any other person has registered the application before that and whether it is in a state of action or whether the decision has already been taken.
(7) In relation to the disputed question raised in the application under sub-rule (1), a point-by-point rebuttal or admission must be submitted in writing, generally not exceeding ten pages. However, if the nature of the content raised in the application does not suffice to write a written answer in ten pages, there will be no obstacle to submit a written answer of more than that page.
(8) A person who makes an application or submits a written answer of more than five pages must prepare and submit a summary of the application or written answer without extending it to three pages.
(9) No fee shall be charged for submitting a written answer as per sub-rule (7).
(10) Based on the summary submitted in accordance with sub-rule (8), the head of the concerned division shall determine the disputed question and prepare a note of the case by comparing the summary with the original statement of the petition and the written answer.