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Hearing on writs against HoR dissolution underway


18 January 2021  

Time taken to read : 3 Minute


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

Justices Bishwombhar Prasad Shrestha, Anil Kumar Sinha, Sapana Pradhan Malla and Tej Bahadur KC headed by Chief Justice Cholendra Shumsher JBR are hearing the writs in the Constitutional Bench.

The writs which started being heard in the Constitutional Bench since Sunday had an intriguing question-answer between Justices and advocates.  Chief Justice Rana had asked constitution expert Bhimarjun Acharya why the majority government cannot dissolve the HoR.

Advocates Santoh Bhandari, Dr Bhimarjun Acharya, Sunil Pokharel and Giriraj Bhatta advocated the writs yesterday.

Over a dozen writ petitions have been filed against the HoR dissolution at the Supreme Court after President Bidhya Bhandari dissolved the Lower House on the recommendation of the Prime Minister.

Earlier on Friday, the apex court had rejected the petition seeking hearing of the case in the Extended Full Bench and ordered a continuous hearing in the Constitutional Bench.

The advocates taking part in the hearing on behalf of the writ petitioners had demanded that the decision on the case should be taken by the Extended Full Bench.

On behalf of the petitioners, former attorney general and advocates Raman Shrestha, Shambhu Thapa, Harihar Dahal, Dinesh Tripathi, and Chandra Kanta Gyawali had sought that the case should be decided by the Extended Full Bench arguing that it does not fall under the jurisdiction of the Constitutional Bench.

On the contrary, Attorney General Agni Kharel and advocate Sushil Kumar Pant had reiterated that the issue need not be taken to other benches and has to be settled by the constitutional bench.

Meanwhile, Prime Minister KP Oli on Saturday clarified that he has not met any Justices representing the Constitutional Bench.

Questions were raised in Constitutional Bench on Friday while hearing the case on Parliament dissolution alleging that the Prime Minister had held a meeting with four Justices at the apex court.

Lawmaker of dissolved HoR Shashi Shrestha had raised the issue on behalf of the writ petitioners, but Chief Justice Cholendra Shumsher JRB had stopped her.

Publish Date : 18 January 2021 12:53 PM

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