Kathmandu, July 12. The Supreme Court has reinstated the House of Representatives, and issued a mandamus order requiring Nepali Congress president Sher Bahadur Deuba to be appointed as the Prime Minister within two days. The order was handed down by the Constitutional Bench led by Chief Justice Cholendra Shumsher JB Rana and comprising Justices Deepak Kumar Karki, Meera Khadka, Ishwor Prasad Khatiwada and Dr Ananda Mohan Bhattarai.
“Appoint Deuba as the new Prime Minister within 5:00 pm on July 13”, reads the verdict that says that the support by 149 members of the HoR could be regarded as enough to garner a vote of confidence. Likewise, the apex court has said that the MPs who express their support as per Article 76 (5) of the Constitution to appoint the Prime Minister cannot be penalized for abandoning the party as per the Political Party Act, 2073.
The verdict by the Court further states that the claim by Prime Minister KP Sharma Oli who had failed to take a vote of confidence to be appointed as Prime Minister as per Article 76 (5) was not constitutional. However, the claim by Sher Bahadur Deuba following the same article has been deemed as appropriate. It has also said that the House of Representatives meeting be summoned for coming July 18.
The constitutional bench issued a mandamus order to summon the session of the House of Representatives in one week from today, and make provisions for regular meeting of the lower house. Terming the dissolution of the HoR as against the norms and values of the Constitution, the court has said that the decision was against Article 76(5) (7) of the Constitution, and against constitutionalism and constitutional morality. Regular hearing on the writ had begun at the apex court on June 23.
The hearing had concluded on July 5. A total of 117 legal practitioners had taken part in the pleading representing both the parties. Thirty writs were filed challenging the constitutionality of the government’s decision of dissolving the House of Representatives. President Bidya Devi Bhandari, on May 22, dissolved the lower house of parliament, on the recommendation of the Council of Ministers, and fixed the date for mid-term election on November 12 and 19. The writs had sought to invalidate the decision of the dissolution of House of Representatives. RSS