The party has filed a petition at the top court demanding an order to quash the newly formed government and form a new government under Article 168 (3).
KATHMANDU, May 27: Hearing over the 19 writ petitions registered against the dissolution of the House of Representatives (HoR) is scheduled to begin from Thursday.
According to the Supreme Court (SC) administration, a total of 30 writ petitions have been filed against the President Bidya Devi Bhandari’s move to dissolve the lower house of parliament on May 22 at the recommendation of the Council of Ministers.
The Supreme Court has scheduled the cause list of the 11 writ petitions on Friday. The hearings over those petitions will be carried out at the Constitutional Bench.
Following the House dissolution on May 22 by President Bidya Devi Bhandari at the recommendation of the Council of Ministers, 146 outgoing lawmakers belonging to the opposition alliance reached the apex court in-person on Monday and registered a writ petition demanding House restoration and appointment of Nepali Congress (NC) President Sher Bahadur Deuba. The petitioners claimed that the PM KP Oli-led government does not have a legitimacy to remain in power as the president had already called the MPs for new government formation.
President Bidya Devi Bhandari dissolved parliament at the recommendation of the Council of Ministers, as per the Article 76 (7) of the Constitution of Nepal. Earlier, Congress President Sher Bahadur Deuba laid a claim for a new government with the support of 149 lawmakers as the President had called upon the members of the lower house of parliament to stake their claim for the new government formation as per Article 76 (5). Prime Minister KP Sharma Oli, who had opted not to take a trust vote in parliament as per Article 76 (4), also staked a claim for a new government. President Bhandari, however, rejected both the claims.
24 writ petitions registered at Supreme Court against House dissolution, 4 others in favor of PM Oli
KATHMANDU, May 25: As many as 24 writ petitions have been registered at the Supreme Court (SC) against the ‘unconstitutional’ dissolution of the House of Representatives (HoR).
Following the House dissolution on May 22 by President Bidya Devi Bhandari at the recommendation of the Council of Ministers, 146 outgoing lawmakers belonging to the opposition alliance reached the apex court in-person on Monday and registered a writ petition demanding House restoration and appointment of Nepali Congress (NC) President Sher Bahadur Deuba. The petitioners claimed that the PM KP Oli-led government does not have a legitimacy to remain in power as the president had already called the MPs for new government formation.
According to the Supreme Court administration, as many as 28 writ petitions were filed at the court as of Monday including 24 against the House dissolution move. Four other petitions, however, were registered in favor of Prime Minister KP Sharma Oli.
While nine of the 28 writ petitions will be forwarded to the Constitutional Bench, 19 others will be settled through the general bench.
When will hearing begin?
According to the SC administration, all the petitions will be entered into the computer record on Tuesday. There is public holiday on Wednesday on the occasion of Buddha Jayanti. Hearing at the Constitution Bench does not take place on Thursday. Therefore, hearing on the nine writ petitions including the one by 146 lawmakers is likely to begin on Friday.
Hearing at the general bench over the 19 writ petitions will begin Thursday onwards, according to a source at the SC.
President Bidya Devi Bhandari dissolved parliament at the recommendation of the Council of Ministers, as per the Article 76 (7) of the Constitution of Nepal. Earlier, Congress President Sher Bahadur Deuba laid a claim for a new government with the support of 149 lawmakers as the President had called upon the members of the lower house of parliament to stake their claim for the new government formation as per Article 76 (5). Prime Minister KP Sharma Oli, who had opted not to take a trust vote in parliament as per Article 76 (4), also staked a claim for a new government. President Bhandari, however, rejected both the claims.
