KATHMANDU: Senior Advocate Shyam Kharel has said that the constitution was violated by the President – also guardian of the constitution.
While pleading on behalf of Speaker Agni Sapkota before the Constitutional Bench on Sunday on the dissolution of the House of Representatives (HoR), Advocate Kharel argued that the President had to tell Prime Minister KP Oli that his claim as per Article 76 (5) could not be received after he could not get a vote of confidence as per Article 76 (4) of the Constitution. “Since the President didn’t do that, the constitution got violated by the President’s inaction,” Kharel said.
“The Prime Minister of 76 (3) is required to take a vote of confidence within 30 days as per 76 (4). PM Oli stated in writing that he could not get a vote of confidence. It is also a matter of morality. The PM had to face 76 (4) instead of deceiving Parliament and staking claim again as per 76 (5).”
He said the President should have stopped the Prime Minister of 76 (3) Oli when he tried to skip 76 (4).