KATHMANDU: Responding to advocates speaking on behalf of writ petitioners, Chief Justice (CJ) Cholendra Shumsher Rana on Sunday asked them if the government was led by KP Oli’s, or the Nepal Communist Party.
The debate on the issue of dissolution of the House of Representatives (HoR) has reached the phase of counter-argument on behalf of the writ petitioners.
“Does the current government belong to KP Oli or the Nepal Communist Party?” Chief Justice Rana asked advocate Dinmani Pokhrel, who came to debate on behalf of writ petitioners.
“If it belongs to NCP, it has a majority, i.e. the government is in accordance with Article 76(1) of the constitution which prevents sub-article 76(2, 3, and 5) from coming into effect,” CJ Rana argued after advocate Pokhrel replied the government is of NCP.
Responding to CJ Rana’s query if the NCP could give another Prime Minister, Pokhrel replied that formation of government or selection of candidates for the Prime Minister are the issues to be dealt with by the parliament and others can know about it only after the parliamentary procedures start and the court need not worry much about that issue.
Pokhrel also remarked that if the government formed under section 76(1) fails to function well, it should resign and make room for another government to be formed under article 76(2), (3) and (5) and dissolution can be an issue otherwise Article 76(1) does not regard dissolution as a prerogative of the Prime Minister.
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