KATHMANDU, Nov 21: Speaker of the dissolved House of Representatives (HoR), Devraj Ghimire, has submitted a written response to the Supreme Court (SC), asserting that the dissolution of the House was unconstitutional. Responding through the Office of the Attorney General, Ghimire argued that the decision to dissolve the House was made in violation of the Constitution.
Among the 17 writ petitions filed against the dissolution, Speaker Ghimire was named as a respondent in six, prompting the Court to seek his written reply. President Ram Chandra Paudel dissolved the House on September 12 on the recommendation of Prime Minister Sushila Karki—a move Ghimire maintains was unconstitutional.
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“In the context of the dissolution carried out by the President on the recommendation of the Prime Minister, the appointment of Prime Minister Sushila Karki itself was unconstitutional. Therefore, any recommendation made by her, including the dissolution of the House, automatically becomes invalid,” Ghimire stated in his submission. “The Constitution of Nepal cannot grant legal validity to any act performed by a person who has reached office unconstitutionally.”
He further argued that Article 76 of the Constitution clearly outlines the only valid process for the appointment of a Prime Minister. Ghimire reminded the Court that the House may be dissolved only when the step-by-step processes under Article 76 fail—either due to the inability to appoint a Prime Minister or the inability of an appointed Prime Minister to secure a vote of confidence.
“According to Article 76(7) of the Constitution of Nepal, the House of Representatives can be dissolved only upon the recommendation of the sitting Prime Minister, who must be a member of the House,” he added.
Ghimire also maintained that not only the appointment of the Prime Minister and the dissolution of the House, but even the subsequent announcement of elections, were unconstitutional.
In his written response, Speaker Ghimire agreed with the petitioners’ demand that the dissolved House of Representatives should be reinstated.
