On the issue of dissolution of the House of Representatives in the Supreme Court, senior advocate Shambhu Thapa has argued that the way should be paved for Nepali Congress President Sher Bahadur Deuba to become the Prime Minister
Chief Justice Cholendra Shamsher Jabara and Justices Deepak Kumar Karki, Mira Khadka, Ishwor Prasad Khatiwada and Dr Ananda Mohan Bhattarai today, senior advocate Thapa argued that Deuba should pave the way for the PM through an interim order.
Debating behalf of the writ petition, Advocate Thapa also claimed that KP Sharma Oli was automatically relieved of his post by the Prime Minister after failing to take a vote of confidence as per Article 76(4) of the Constitution of Nepal.
“KP Oli has resigned as he has not able to get a vote of confidence in the constitution within 30 days,” said senior advocate Thapa. Yes, the constitution will fail if it is not implemented.”
Debating on behalf of the petitioner, another senior advocate Mahadev Yadav argued that the President had dissolved of the House of Representatives without wanting to form a government. “According to the constitution, we can form four governments. “According to Article 76 sub-sections 1,2,3 and 6, the government will be formed,” he said. He said, “Until Article 3, the parties will form the government. When it comes to Article 5, that process will not happen.”
During the hearing, the judges have a mutual discussion after questions were raised about the formation of a constitutional bench.
Members of Constitutional Court and Judge Ishwor Prasad Khatiwada had said that it was not right to raise questions about the judges of bench.
By Muna Chand
