Gopal Dahal

गृहपृष्ठ Arguments over HoR dissolution from writ petitioners conclude

Arguments over HoR dissolution from writ petitioners conclude

Pleading from the side of writ petitioners regarding dissolution of House of Representatives (HoR) at Supreme Court concluded on Sunday while government attorneys will begin from Monday.
The arguments from the side of writ petitioners concluded today, the fourth day of the hearing over the writ petition filed by 146 lawmakers including Nepali Congress President Sher Bahadur Deuba.
The constitutional bench had given 12 hours to the petitioners for the pleading where 36 legal practitioners made their argument on behalf of the petitioners.
The argument had begun from Wednesday continuously at the constitutional bench of Chief Justice Cholendra Shumsher JB Rana, Senior Most Justice Deepak Kumar Karki, Mira Khadka, Ishwori Prasad Khatiwada and Dr Ananda Mohan Bhattarai.
The legal practitioners of the writ petitioners argued that the incumbent Prime Minister, elected under the Article 76 (3) of the Constitution of Nepal, could not participate in the Article 76 (5) and the Prime Minister, who lost vote of confidence of Article 76 (3) has no right to dissolve the House of Representatives.
Saying that staying in the office without taking vote of confidence within 30 days by the Prime Minister elected as per the Article 76 (3) is disrespect to the Constitution, they argued that beginning the process of the Article 76 (5) without making the post of Prime Minister vacant, is procedurally mistake.
On the matter, hearing of government attorneys will begin on Monday. Time period for the government attorneys to defence the case is given 15 hours in total. Following this, legal practitioners of the Speaker will be granted an hour for the hearing.
Thereafter the plaintiff will respond before members of amicus curiae start the hearing.
Following this, the court will deliver its final verdict.
On Sunday, advocates Bhandari, Yadu Nath Khanal, Dr Chandra Kanta Gyawali and Sabita Bhandari, Bhimarjun Acharya, Satish Krishna Kharel and Yogendra Adhikari pleaded the case.
On the dissolution of the parliament, 30 writ petitions were filed.

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Gopal Dahal