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Lawmakers free to give vote of confidence for PM under Article 76 (5): SC

Khabarhub

July 12, 2021

2 MIN READ

Lawmakers free to give vote of confidence for PM under Article 76 (5): SC
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KATHMANDU: In its landmark interpretation of the Constitution made while delivering verdict on the writ petitions related to the dissolution of the House of Representatives, the Constitutional Bench has ruled that the parliamentarians should be above the party line when forming the government as per Article 76 (5) of the Constitution.

The Supreme Court (SC) has annulled President Bidya Devi Bhandari’s all decisions related with the reappointment of then Prime Minister KP Oli, the dissolution of the House of Representatives, and the announcement to hold mid-term election in November on its Monday’s verdict on the writ petitions related to the dissolution of the House of Representatives.

“According to Article 5, the parliamentarians will be free to form the government and they will not be subject to party whip and action cannot be taken against them on the basis of their voting for such government,” the SC verdict said.

The Supreme Court has also ordered to convene a meeting of the House of Representatives by 5 pm on July 18.

The SC has gone with the petitioners claim that Article 76 (5) is an exception to political parties whip against their lawmakers and has directed President Bhandari to appoint Nepali Congress President Sher Bahadur Deuba, who claimed the support of 146 lawmakers, the prime minister within two days.

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