KATHMANDU: Amicus Curiae Usha Malla Pathak, who was selected from Nepal Bar Association for House of Representative (HoR) dissolution case, said the dissolution was in accordance with the constitution and that the election was the only alternative to move ahead.
Pathak said the President has the right to reject a claim by analyzing the basis of a vote of confidence in Article 76 (5). She added that the dissolution of the parliament by the Prime Minister appointed as per Article 76 (3) was constitutional after government could not be formed as per Article 76 (5).
“Elections is the only way out for the country. Therefore, the writ petition should be dismissed and the country should go to polls,” she said.
She said the decision of rejecting a claim was subject to the discretion of the President as the indicators to analyze basis for obtaining a vote of confidence to PM of Article 76 (5) are not mentioned in the constitution.
She demanded an order to vaccinate adult citizens prior to the election date.
She also said the constitution did not have any provision to compel the PM to seek a vote of confidence from HoR.
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