Saturday, Jan 22, 2022

PM Oli’s Decision To Dissolve Lower House Of Parliament Unconstitutional: Nepal SC

The Nepal SC has directed the President to appoint Nepali Congress chief Sher Bahadur Deuba as the Prime Minister on Tuesday

PM Oli’s Decision To Dissolve Lower House Of Parliament Unconstitutional: Nepal SC
Nepalese Prime Minister Khadga Prasad Oli -

Following days of uncertainty, Nepal Supreme Court on Monday directed President Bidya Devi Bhandari to appoint Nepali Congress chief Sher Bahadur Deuba as the country’s prime minister by tomorrow.

The SC further directed President Bhandari to reinstate the dissolved House of Representatives with immediate effect. The House was dissolved for the second time in five months in May. Further, the court has ordered summoning new session of House of Representatives at 5 PM on July 18.

Earlier, President Bhandari had dissolved the 275-member lower house on May 22, at the recommendation of Prime Minister Oli and announced snap elections on November 12 and November 19. Further, amid uncertainties, the Election Commission had announced the schedule for mid-term elections.

In the backdrop of these developments, a five-member Constitutional Bench of the Supreme Court led by Chief Justice Cholendra Shumsher Rana issued a verdict earlier today stating that President Bhandari's decision to dissolve the lower house upon a recommendation of Prime Minister K P Sharma Oli was an unconstitutional act, delivering a major blow to the veteran Communist leader who was preparing for snap polls.

The bench issued a mandamus to appoint Deuba as the Prime Minister by Tuesday. Deuba, 74, has served as the prime minister on four occasions.

Chief Justice Rana also said that the bench has concluded that party whip does not apply when lawmakers take part in the voting to elect new Prime Minister as per Article 76(5) of the Constitution.

The bench comprising four other senior most justices -- Dipak Kumar Karki, Mira Khadka, Ishwar Prasad Khatiwada and Dr Ananda Mohan Bhattarai -- had concluded hearings in the case last week.

As many as 30 petitions, including one by the opposition alliance led by the Nepali Congress, were filed against the dissolution of the House by the President.

A petition was filed by the Opposition parties’ alliance with the signature of 146 lawmakers demanding reinstatement of the lower house of Parliament and appointment of Deuba as the prime minister.

Nepal plunged into a political crisis on December 20 last year after President Bhandari dissolved the House and announced fresh elections on April 30 and May 10 at the recommendation of Prime Minister Oli, amidst a tussle for power within the ruling Nepal Communist Party (NCP).

On February 23, the apex court reinstated the dissolved House of Representatives, in a setback to embattled Prime Minister Oli who was preparing for snap polls.

Oli, who is currently heading a minority government after losing a trust vote in the House, has repeatedly defended his move to dissolve the House of Representatives, saying some leaders of his party were attempting to form a "parallel government".

(With PTI inputs)


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