Final hearing on writ petitions concerning the dissolution of the House of Representatives is beginning from today in the Constitutional Bench of the Supreme Court (SC).
The hearing is commencing after a month of the dissolution of the HoR.
On June 10, the order issued by the SC had mentioned that the final hearing to the case would begin from today. Following the SC’s order, the Office of the President, Prime Minister KP Sharma Oli, and Speaker Agni Prasad Sapkota have already submitted their written response.
In the written response, the Office of the President has mentioned that the President did not require a recommendation from any authority to implement Article 76 of the Constitution, and the right to determine whether an HoR member can obtain the vote of confidence or not was also with the President.
Similarly, submitting a written response in the SC, Prime Minister KP Sharma Oli said that the SC did not have jurisdiction to appoint the executive head of the nation and the House was dissolved as per the Top Court’s decision on February 23.
Prime Minister Oli has also mentioned that the party’s whip is applicable in the implementation of Article 76 (5).
Moreover, Speaker Sapkota has submitted a written response requesting the SC to make an order as requested by the writ petitioners.
The Nepal Bar Association and Supreme Court Bar Association have already recommended two names each for amicus curiae as ordered by the Top Court. NBA has recommended senior advocates Raghav Lal Vaidya and Usha Malla Pathak. Likewise, senior advocates Komal Prakash Ghimire and Prakash Bahadur KC have been recommended as amicus curiae to the case by the Supreme Court Bar Association.
According to the SC’s order, 15 hours have been allocated to the writ petitioners and respondents for pleading.
Source : TRN,
