A session of the hearing at the Supreme Court.
KATHMANDU: In what can be termed as an inconsistent move, Prime Minister KP Oli recommended the dissolution of the House of Representatives to President Bidhya Devi Bhandari without mentioning the article of the Constitution.
Although no article was mentioned in the recommendation made by Prime Minister Oli on December 20, it has been revealed that Article 76 (1) and (7), Article 85 of the Constitution, and the national and international practice of the parliamentary system were added later.
Senior Advocate Raman Shrestha raised the issue of not mentioning the article of the Constitution in the recommendation made by the Prime Minister in the Constitutional Bench on Friday.
He also objected to the decision of the Prime Minister and the Council of Ministers on December 20.
Shrestha urged the Constitutional Bench of the Supreme Court to seal the documents of the Prime Minister’s Office and the Council of Ministers.
According to him, President Bhandari has mentioned Article 76(7) of the Constitution while endorsing the recommendation.
However, the Cabinet in its recommendation mentioned that a government of two-third majority was necessary for the amendment of the Constitution and the HoR needs to be dissolved to form such a government.
Former Attorney General Shrestha elaborated on the situation and objected to the changes made wrongfully.
He urged the Bench to seal the documents of the Office of the Prime Minister and the Council of Ministers.
During Friday’s hearing, the Writ petitioners also expressed dissatisfaction at Prime Minister Oli’s meeting with the judges while the hearing on the case against him was still there in the Constitution Bench.
Wirt petitioner and member of dissolved HoR, Shashi Shrestha objected to the PM’s meeting the judges on January 10 and 11 in the Constitutional Bench today.
Writ petitioner Shrestha remarked that Justice Deepak Karki and Mira Khadka had allegedly met the Prime Minister from 8 pm- 9:10 pm on January 10.
Likewise, she added that she had also heard that justices Hari Krishna Karki and Sapana Mall Pradhan met the PM from 1.20 pm to 2:55 pm on January 11.
She demanded that the judiciary has to be clean and fair.
“We want the judiciary to be fair and unbiased in such matters,” writ petitioner Shrestha added.
Abiding by the order the Constitutional Bench gave on January 10, the Office of the President and the Office of the Prime Minister had submitted the Supreme Court the original copy of the final decision of dissolving the HoR.
They had submitted those documents on January 3.
However, according to Shrestha, the documents the executives took back on January 7 from the court promising to return by January 12 have not been returned till date.
President Bidhya Devi Bhandari had dissolved the House of Representatives on the recommendation of the Council of Ministers on December 21.