KATHMANDU: The amicus curie will continue pleading before the Constitutional Bench of the Supreme Court (SC) over writs filed against House dissolution, on Thursday as well.
On Wednesday’s hearing on parliament dissolution, the amicus curiae had divided argument at the Supreme Court.
Senior advocate Bijay Kant Mainali had argued that Nepal’s constitution has given the right to the Prime Minister to dissolve parliament.
“Article 76 (7) of the constitution has mentioned well the provision on the dissolution of the House of Representatives (HoR),” he had argued.
According to him, sovereignty is vested in Nepali citizens and it is exercised by political parties via citizens.
He however had said both constitution and parliamentary practices should be looked after on it.
Another senior advocate on behalf of amicus curiae Satish Krishna Kharel had asserted that PM has no special right to dissolve the HoR. HoR dissolution is a political issue and constitutionally, PM has no rights on it.
“Although HoR dissolution is purely a political issue, it does not mean that is not constitutional. The court needs to accept it though it is a political issue,” he had added.
The hearing is taking place before the Constitution Bench of the apex court, under the leadership of Chief Justice Cholendra Shumsher JB Rana.
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