KATHMANDU: Nepal Communist Party (NCP) Chairman Pushpa Kamal Dahal ‘Prachanda’ has flouted the Supreme Court’s ruling that the current government is under Article76 (1) of the Constitution.
In the second point of his written reply to the contempt of case of court case filed against him, NCP Prachanda-Nepal faction’s Chairman Prachanda has argued that the post of Prime Minister does not transfer as per the transferring of the party.
“The incumbent PM is made as per the Article 76(2) as the situation was at the time of government formation,” former PM Prachanda has said in the written reply submitted to the Supreme Court adding, “The post of PM does not transfer with the transformation of the political party.”
Interestingly, giving its verdict in a writ filed against the dissolution of the House of Representatives, the Constitutional Bench of the Supreme Court had last Tuesday ruled that although the present government was formed in accordance with Article 76(2) — after the unification of the party — it has automatically transformed into the government in accordance with Article 76(1).
Article 76(1) hails that the President shall appoint the leader of the parliamentary party with the majority in the House of Representatives as the Prime Minister.
Similarly, Article 76(2) has the provision that in case any party in the parliament does not have a majority, the President shall appoint a member of the House of Representatives who has the support of two or more political parties to get a majority as the Prime Minister of the country.
When KP Oli was appointed as the Prime Minister, the NCP was not united.
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