KATHMANDU: Amicus Curiae Raghav Lal Vaidya, who was selected from the Nepal Bar Association, has argued that the Prime Minister would be automatically relieved of his post after failing to win a vote of confidence in the parliament.
Senior advocate Vaidya said the person serving as the PM for more than two years could not be re-appointed in accordance with Article 76 (3) of the constitution.
“Article 76 (3) is applicable for the PM appointed recently or if the (new) government could not be formed as per Article 76 (1) and (2) of the constitution. The May 13 appointment of the PM as the leader of the largest party is questionable, as the constitution does not allow the person failing to secure a vote of confidence to be re-appointed to the post as per Article 76(5),” he said, adding, “the constitution does not allow the person relieved of the post to constitutionally run again for the Prime Ministerial post.”
He was of the opinion that the practice of dissolving the House time and again by the Prime Minister over intra-party feud could not be accepted and the President was also expected to keep this in mind while appointing the Prime Minister.
The Prime Minister already losing a majority after the withdrawal of the support by the CPN (Maoist Center) should be replaced by a new face, according to him. RSS
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