KATHMANDU: Speaker Agni Prasad Sapkota’s lawyer has argued that Article 76 (5) of the Constitution does not include party whip.

Taking part on the ongoing debate on the writ petitions related to the dissolution of the House of Representatives, advocate Meghraj Pokharel said on Sunday that the Prime Minister’s right to dissolve the House of Representatives has been curtailed in the present Constitution.

He argued that the provisions of government formation  as per Article 76 (5) are not subject to party whips in the parliament.

“Article 76 (5) is not subject to political party’s whip,” Advocate Pokhrel said, adding “The party whip is applicable only in the procedures in the parliament.”

However, Chief Justice Cholendra Shumsher Rana asked advocate Pokhrel if he could produce any example from India in this regard.

Pokhrel replied that the Constitution has tried to ensure the fixed term of the parliament and the objective of including article 76 (5) is to help the parliament get a government from Individuals if the lawmakers as the members of political parties failed to form government.

CJ Rana also asked whether such attempts would not be against the parliamentary system.