The Supreme Court has declared the dissolution of the House of Representatives by President Bidhya Devi Bhandari on the recommendation of Prime Minister KP Sharma Oli as unconstitutional.
At the beginning of the session, Chief Justice Jabra informed that the writ was issued unanimously as per the demand. Second, President Bhandari dissolved the House of Representatives at midnight on May 21. Earlier, Prime Minister Oli had recommended the dissolution of the House of Representatives by holding a meeting of the Council of Ministers at midnight.
According to Article 76 (3) of the Constitution, the UML parliamentary party leader Oli, who was appointed as the Prime Minister as the leader of the largest party in the House of Representatives, had to take a vote of confidence within 30 days.
However, he said that there was no difference in the situation when the vote of confidence was taken to remain the Prime Minister of 76 (2) and recommended to the President to move ahead with the process of forming the government as per 76 (5). Stating that the Prime Minister has paved the way, President Bhandari had called for presenting a basis for obtaining a vote of confidence for the appointment of the Prime Minister as per 76 (5).
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Nepali Congress parliamentary party leader Sher Bahadur Deuba and UML parliamentary party leader Oli had made demands within the time specified by the President. Deuba had submitted the signatures of 61 Congress MPs, 49 from the UCPN (Maoist) Center, 26 from the UML’s Madhav Kumar Nepal faction, 12 from the Janata Samajwadi Party’s Upendra Yadav faction and 149 from the Rastriya Janamorcha. Oli claimed that he had the support of UML and JSP. He had handed over the signatures of JSP president Mahanta Thakur and leader Rajendra Mahato.
President Bhandari decided not to meet the demands of both and dissolved the House of Representatives at midnight on the recommendation of the Council of Ministers.
30 of petitions to the Supreme Court
30 petitions related to the dissolution of the House Representatives fell in the Supreme Court. Of them, 26 were against dissolution and four submitted petitions seeking the appointment of KP Sharma Oli as the Prime Minister. One of the 26 writ petitions was filed by 146 MPs, including Deuba. The lawmakers were present at the Supreme court and registered the case.
The writ petitions related to the dissolution were heard continuously in the Constitutional Court of the Supreme Court from June 23 to July 5. The Supreme Court has decided the case by giving priority to Deuba’s writ out of 30 cases.
Second attempt also failed
The House of Representatives was dissolved and this was not the first time. PM Oli had dissolved the House of Representatives on January 20, 2021 saying that the former Communist Party of Nepal (CPN) was under siege against him. The Supreme Court had revived the House of Representatives on 23 February, 2021, saying the move was unconstitutional.
But Prime Minister Oli did not stop claiming that his decision was the right one, but dissolved the House of Representatives for the second time without a full text of the decision. That too has been overturned by the Supreme Court on July 12, 2021.
News Source: Online Khabar