President has gone beyond the Constitution: Advocate Bandi


June 23, 2021


President has gone beyond the Constitution: Advocate Bandi

Supreme Court Building, Ramshahpath, Kathmandu. (File photo/Khabarhub)

Kathmandu:  Advocate Govinda Sharma Bandi has alleged that President Bidya Devi Bhandari has violated the constitution rather than acting as its savior.

Taking part on Wednesday’s hearing on the writ petitions related to the dissolution of House of Representatives, advocate Bandi argued that the President sided with Prime Minister KP Oli and turned biased against the claims of the opposition alliance.

“Despite the Prime Minister’s assertion that he failed to get the vote of confidence from the parliament, rather than testing the opposition alliance’s leader Sher Bahadur Deuba’s claim for the post of Prime Minister, the President listened to the false claim of PM Oli again,” Bandi argued on behalf of the writ petitioners against the dissolution of the House and added, “She even did not bother to see how the person who failed to get the vote of confidence could claim majority within 24 hours.”

He said that it was wrong to recommend the dissolution of the House of Representatives and dissolve it at midnight.

“Couldn’t it be possible to discuss and verify by calling the lawmakers listed on both sides? No action was taken by the President after receiving claims from both sides,” Bandi said, demanding, “The president should also abide by the constitution and any unlawful acts done by her should be subject for discussion in the court as well.”

President Bhandari had dissolved the House of Representatives on the recommendation of PM Oli.

Bandi reminded that PM Oli’s recommendation itself was unlawful and deserved defiance, yet the President, without enough consideration took it to execution.

How can a Prime Minister who has lost vote of confidence dissolve the parliament as per 76 (3)? The president should appoint a person who claims the majority in the House of Representatives,” he argued ahead, adding, “The opposition leader representing opposition alliance has submitted the signature of 149 lawmakers and requested the President to call them in person if she wanted verification, yet, disregarding their request, the President has listened to Prime Minister KP Oli. The President has gone beyond the constitution.”

He said that to be a Prime Minister as per Article 76 (5) of the Constitution, the support of the political parties is not mandatory.