KATHMANDU: Chief Justice Cholendra Shumsher Rana on Sunday asked the petitioner side if the government formed under Article 76(2) could not dissolve the House of Representatives (HoR) when Senior Advocate Bhimarjun Acharya said that the HoR could not be dissolve as per Article 76(1) and (7) of the constitution.
CJ Rana asked this question to senior advocate Acharya during a hearing on the issue against the dissolution of the House of Representatives.
Taking part in the case relating to the dissolution of the HoR, Constitution Expert and Senior Advocate Acharya argued that the government formed under Article 76(1) and (7) cannot dissolve the HoR.
In the meantime, Chief Justice Rana asked: “Can the government formed under Article 76(2) not dissolve the HoR? For example, can’t a two-party government dissolve the House under Article 76 (2)?”
Responding to CJ Rana’s query, Advocate Acharya termed the question “hypothetical” and argued that the Prime Minister does not have the power to dissolve the HoR.
The Chief Justice pointed out that the Prime Minister has admitted he has dissolved the House in accordance with Sub-Article (1) and (7)of Article 76.
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