KATHMANDU: Senior Advocate Shambhu Thapa has said an alternative government can be formed only after Prime Minister KP Sharma Oli resigns.
Advocating a writ petition against the dissolution of the House of Representatives (HoR) at the Supreme Court on Tuesday, advocate Thapa ruled out the possibility of the elections in the absence of the HoR session.
“We must go to the House of Representatives even for holding elections,” said Thapa, adding, “It is necessary to elect a new prime minister in case the incumbent prime minister tenders resignation from his post.”
Thapa maintained that the prime minister has no right to dissolve the parliament as per the provisions of the Constitution.
“Even though the Constitution of Nepal, 1990, had provisions to summon, end and dissolve parliament, the Constitution of Nepal, 2015 has provisions to only summon and end, not dissolve, said Thapa, adding, “It is unconstitutional to say Article 76 (1) allows the prime minister to dissolve parliament.
Even though it is a parliamentary system to dissolve the parliament, there is no such type of provision laid down in the current constitution.
“The prime minister has no right to dissolve parliament, nor can he recommend doing so,” argued Thapa.
The Bench comprising Chief Justice Cholendra Shumsher JB Rana, Justices Bishwombhar Prasad Shrestha, Anil Kumar Sinha, Sapana Pradhan Malla, and Tej Bahadur KC are hearing arguments from lawyers representing plaintiffs.
Around 300 advocates have filed their names for advocacy for or against the writ petitions related to the dissolution of HoR.
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