KATHMANDU: Senior Advocate Geeta Pathak Sangraula, a member of the amicus curiae at the Supreme Court (SC) has said that the constitutional provision does not allow the majority Prime Minister dissolve the House of Representatives (HoR).
Speaking during today’s hearing on behalf of the amicus curiae, she argued there should be some efforts to form a government on the basis of various clauses of Article 76.
She added that 76(7) of the Constitution can be effective only when there is no possibility of forming a government.
She further clarified that the HoR cannot be dissolved unless all possible attempts for the formation of the government are made based on various clauses of Article 76.
The first woman to offer her counsel to the Constitutional Bench as amicus curiae, Senior Advocate Pathak added, “‘If dissolved in advance’ terminology used in Article 85 of the Constitution should be interpreted as referring to the situation that comes after all attempts to form government under Article 76 fail.
After her presentation in the Bench, the turn of amicus curiae to present their opinion to the court has been over.
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