Tuesday, August 3, 2021

HoR dissolution: Pleading on behalf of govt to continue today

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Kathmandu, 29 June (2021) - After the completion of pleading on behalf of writ petitioners relating to the dissolution of House of Representatives (HoR), the government sides began pleading on Monday.

Attorney General Ramesh Badal pleaded for more than three hours on Monday, arguing that the HoR dissolution was constitutional. There are eleven pleaders on behalf of the government.

Deputy Attorney General Padma Prasad Pande is pleading for two hours in the constitutional bench comprising of Chief Justice Cholendra Shumsher JB Rana, senior justices Dipak Kumar Karki, Mira Khadka, Ishwor Prasad Khatiwada and Dr Anand Mohan Bhattarai.

He is analyzing the constitutional provisions relating to Article 76 and whether the President could deny the submission of claims made for the prime minister. He is to dwell also on whether the party whip is enforced. Provision and practices of floor-cross in other countries would be pointed by him.

Taking 20-minute, another Deputy Attorney General Tek Bahadur Ghimire will argue on the role of political parties for the formation of government as per Article 76 (5) of the constitution. Ten minute is allocated for Deputy Attorney General Shyam Kumar Bhattarai who will argue on relevance of dispute by presenting the constitutional values. Joint Attorney General Gopal Prasad Rijal will contend on intention of the Prime Minister on dissolution of HoR.

Others in line to plead in favour of government are- Joint Attorney General Sanjibara Regmi, Lokraj Parajuli, Khemraj Gyawali and Uddhav Prasad Pudashaini and Deputy Attorney General Dasharath Pangeni Pangeni.

The pleading on behalf of writ petition filed by 146 lawmakers, including Nepali Congress President Sher Bahadur Deuba completed on Sunday. They were provided 12 hours in total for the argument. Thirty-six lawyers attended the pleading and argued that Nepali Congress President Deuba must be appointed Prime Minister, reasoning he had submitted signatures of majority of lawmakers while fielding himself as prime ministerial candidate before the President.

The HoR was dissolved for the second time upon the recommendation of the Council of Ministers on May 22. The lawmakers have demanded annulment of the HoR dissolution.

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