Tuesday, August 3, 2021

HoR dissolution: debate of government side kicks off at SC

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Kathmandu, 28 June (2021) - Hearing on the case relating to the dissolution of the House of Representatives (HoR) continues at the apex court today, too. From today onward, debate of the government side has kicked off with Attorney General Ramesh Badal taking part in the pleading defending the government’s decision to dissolve the HoR second time on May 22.  The Attorney General has been given three hours for the defense and will be followed by former Attorney Generals Sunil Panta and Agni Prasad Kharel. 

The Supreme Court on Sunday concluded the hearing on the writ petitions filed by 146 former lawmakers (members in the dissolved HoR) including Nepali Congress President Sher Bahadur Deuba on the matter. The advocates who took part in the pleading on behalf of the writ petitioners were given 12 hours to put their statements. A total of 36 legal practitioners took part in the debate, demanding that House be reinstated and Sher Bahadur Deuba be appointed the Prime Minister of Nepal in accordance with Article 76 (5) of the Constitution.  

The hearing on the case is underway since Wednesday before the Constitutional Council comprising Chief Justice Cholendra Shumser JB Rana, and judges Deep Kumar Karki, Meera Khadka, Ishwor Prasad Khatiwada and Dr Anand Mohan Bhattarai.

The legal practitioners defending the government are given 15 hours. Thenafter, Speaker’s legal practitioner shall be given one hour to put the statement and the advocates supporting legal practitioners will be given time for the replies. Then, there will be a turn of amicus curie to take part in the debate and then the court verdict is expected to come.

A total of 30 writs were registered at the SC, seeking to rescind the President’s May 22 decision to announce the snap polls for upcoming November 12 and 19, concluding that none of the candidates staking claims to the premiership had adequate ground for commanding a majority in the parliament.  The President dissolved the HoR on the recommendation of the Council of Ministers.

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