SC hearing on HoR dissolution writs underway

Govt against Extended Full Bench

Khabarhub

January 13, 2021

3 MIN READ

SC hearing on HoR dissolution writs underway

Supreme Court of Nepal (File photo)

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KATHMANDU: The Supreme Court (SC) has started hearing the writ petitions filed against the dissolution of House of Representatives (HoR) on Wednesday.

Senior Advocate Raman Kumar Shrestha has demanded that the writs should be heard through the Extended Full Bench on behalf of the petitioners. On the other had the government side has disagreed to take the HoR dissolution case to the Extended Full Bench.

When asked about the concept of the Extended Full Bench, Attorney General Agni Kharel said the government would not give consent to it. Out of 13, 11 petitioners on January 6 had filed an application seeking hearing on the writ petitions through the Full Constitutional Bench.

Chief Justice Cholendra Shamsher Rana, Justices Hari Krishna Karki, Bishwombhar Prasad Shrestha, Anil Kumar Sinha and Tej Bahadur KC who started hearing the case last Wednesday, Karki has been replaced by Sapana Malla after questions were raised on Karki.

The questions were raised on Karki over impartial verdict since he had been appointed as the Attorney General during the Oli-led government.

The Office of the President, the Office of the Prime Minister and the Council of Ministers and the Speaker of the House of Representatives have registered their written responses in the court as per the SC’s order issued on December 25.

Similarly, the Constitutional Bench has also formed an amicus curiae comprising three senior advocates from Nepal Bar Association. The names of Badri Bahadur Karki, Satishkrishna Kharel and Bijayakanta Mainali have been recommended.

CJ Rana has picked Justices for the Constitutional Bench in random, not based on seniority.
Earlier, advocates had raised questions over the formation of the Constitutional Bench arguing that the formation of the Constitutional Bench is not in line with the provision of the Constitution.

The writs were registered at the Supreme Court against the decision naming the Office of the President, Office of the Prime Minster and the Council of Ministers and House Speaker as defendants.

It may be noted that President Bidya Bhandari had dissolved the HoR on the recommendation of Prime Minister KP Sharma Oli.

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