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Kathmandu, Nepal, October 22, 2020: Prime Minister KP Sharma Oli’s recommendation to dissolve the of the House of Representatives (HoR) and subsequent endorsement by President Bidya Devi Bhandari has been challenged at the Supreme Court (SC), the apex court of the country.
Separate eleven writ petitions have been filed at the SC on Monday challenging to the dissolution of the HoR. All the petitions have been listed for hearing from Wednesday.
The constitutional bench of the SC will hear the writ petitions filed arguing that the Prime Minister Oli did not have the power to dissolve the HoR and his recommendation was unconstitutional.
In the writ petition filed by senior advocate Dinesh Tripathi, it is argued that Prime Minister Oli recommended to dissolve the RoR invoking articles 76 (1) (7) and 85 of the constitution with bad intention.
Prime Minister can recommend dissolving the HoR only if the government was in Minority, Tripathi has stated in the writ petition demanding reinstatement of the HoR and an interim order against the government.
Likewise, he has also urged the SC to order the government to call the regular session of the Parliament and nullify all the recommendations made for the constitutional bodies by the constitutional council meeting.
The Article 76 (7) of the constitution allows for the dissolution of the House if a government cannot be formed if no party has a majority in the House. Likewsie, Article 85 (1) states, ‘Unless dissolved earlier pursuant to this constitution, the term of the House of Representatives shall be five years.’
