KATHMANDU: A writ petition has been filed at the Supreme Court against the appointment of CPN-UML Chair KP Sharma Oli as the new Prime Minister of Nepal.
Oli is scheduled to take the oath of office and secrecy today.
President Ram Chandra Paudel appointed Oli as the Prime Minister under Article 76 (2) of the Constitution of Nepal on Sunday.
Khagendra Chapagain, Shailendra Gupta, and Deepak Adhikari filed the writ petition on Monday, demanding that Oli’s appointment be annulled and a new Prime Minister be appointed as per Article 76 (3).
The petitioners have named the Office of the President, the Office of the Prime Minister and Council of Ministers, the Secretariat of Parliament, and the House of Representatives as defendants in the case.
What is Article 76 (2) and 76 (3)?
Article 76: Constitution of Council of Ministers
76 (1): The President shall appoint the leader of the parliamentary party that commands a majority in the House of Representatives as the Prime Minister, and the Council of Ministers shall be constituted under his or her chairpersonship.
76 (2): In cases where no party has a clear majority in the House of Representatives pursuant to clause (1), the President shall appoint as the Prime Minister a member of the House of Representatives who is able to command a majority with the support of two or more parties representing the House of Representatives.
76 (3): In cases where the Prime Minister cannot be appointed pursuant to clause (2) within thirty days after the date of declaration of the final results of the election to the House of Representatives or where the Prime Minister so appointed fails to secure a vote of confidence pursuant to clause (4), the President shall appoint as the Prime Minister the leader of the parliamentary party which has the highest number of members in the House of Representatives.
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