HoR dissolution: Amicus Curiae to continue pleading « Khabarhub
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HoR dissolution: Amicus Curiae to continue pleading


17 February 2021  

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KATHMANDU: The Amicus Curiae formed to help the Supreme Court (SC) in its decision on the writ petition filed against the dissolution of the House of Representatives (HoR) will continue to give its opinion on Wednesday.

It began giving its opinion on the case starting Tuesday.

Senior advocate Badri Bahadur Karki, one of the five members in the Amicus Curiae, on Tuesday said though the Constitution does not clearly spell out provisions to dissolve the House of Representatives, political power always rests with the Executive.

“Article 67 (7) remains silent but Article 76 (1) gives the Prime Minister the power to dissolve the HoR,” Karki, who is also the former Attorney General said.

In response to a query from Justice Sapana Malla on whether to look into constitutional provisions or political matter, Karki said the Constitution enshrines the principle of balance of power, which gives the Prime Minister the right to dissolve the parliament.

Karki concluded his arguments Tuesday, and other members of the amicus curiae — Satish Krishna Kharel, Bijaya Kant Mainali, Purna Man Shakya and Geeta Pathak will follow suit on Wednesday.

Pleading by lawyers representing the 13 writ petitioners and on behalf the defendants including the Prime Minister has already been completed.

The Constitutional Bench of the SC, that is hearing the case under the leadership of Chief Justice Cholendra Shumsher JB Rana, will announce its verdict after the opinion from the Amicus Curiae is completed.

Publish Date : 17 February 2021 08:41 AM

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