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Writ filed against HoR does not fall within jurisdiction of Constitutional Bench: Attorney General Badal

Khabarhub

June 28, 2021

2 MIN READ

Writ filed against HoR does not fall within jurisdiction of Constitutional Bench: Attorney General Badal

Supreme Court of Nepal. (File Photo)

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KATHMANDU: Attorney General Ramesh Badal has vehemently stated that the issue regarding the dissolution of the House of Representative (HoR) does not fall within the jurisdiction of the Constitutional Bench.

Badal argued that only the issue related to the row between Federal and Province or the one subsisting between the Federal and the local units can qualify for deliberation at the Constitutional Bench.

Delivering his arguments on the writ petition filed against the HoR dissolution on behalf of the defendants on Monday, Attorney General Badal said, “The demands put forth in the writ petition by plaintiffs are not in consistent with the Article invoked by them.  No order has been issued by Chief Justice pursuant to Article 137 (3) of the Constitution.  The writs should come to the Constitutional Bench from other ordinary benches through Article 137 (3). This writ petition did not enter the Constitutional Bench via this Article.”

“How can the Constitutional Bench take a decision on it when it does not fall within its  jurisdiction?” Badal questioned.

He went on to say the deliberation on the writ that lasted for four days is nothing but a ‘torrent of insults and criticisms.’

President Bidya Bhandari on May 21, had dissolved the HoR on the recommendation of Prime Minister KP Sharma Oli and slated fresh mid-term polls for November 12-16.

As many as 30 writ petitions have been filed against the HoR dissolution claiming that the step taken by the cabinet is unconstitutional.

The deliberations on the writ on behalf of the petitioners began from June 23. The advocates finished presenting their views on Sunday.

Government attorneys are delivering their arguments on the writ from today.

 

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