KATHMANDU: The then Chairman of the Constituent Assembly (CA) Subas Nembang’s remark that the Constitution does not allow the Prime Minister to dissolve the House of Representatives (HoR) has reached the Constitutional Bench of the Supreme Court (SC) on Monday.
Advocate Dinmani Pokharel advocating from the petitioner’s side readout Nembang’s interview he had given for the magazine published by the Parliamentary Secretariat.
Nembang has compared the past provisions with the provisions of the newly-promulgated Constitution and said that this constitution does not grant the Prime Minister the power to dissolve the HoR.
Advocate Pokharel reiterated that the speech of the Chairman works as the evidence of the occasion.
He pointed out that Nembang’s interview represents the intention of the constitution.
“It’s not Subas Nembang an individual, CA Chairman who said so,” Advocate Pokharel argued during the hearing.
Taking part in a program organized by UNDP and Parliament Secretariat in Dhulikhel, Nembang had told that the PM could not dissolve the parliament prematurely.
Nembang had also made a similar view on July 20, 2019, during the training session to the journalists.
Meanwhile, hinting at the time advocate Pokharel took, justice Anil Kumar Sinha of the Constitutional Bench asked the advocates to consider the time constraints and told provided the hearing goes too long, the people may join the queue for a vote before the verdict of the court comes.
“While the preparations for the elections have been completed, as in Jharkhand elections, there may come the verdict that ‘the dissolution of the parliament is wrong but as the people are ready, there is no need to stop the polls’.”
Advocate Pokharel presented his argument for more than three hours today.
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