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Writ petition filed in SC challenging PM Sushila Karki’s appointment as unconstitutional

The petition further notes that the Constitution of Nepal 2072 does not grant the president the authority to remove obstacles, and the period for exercising such power under Article 305 has already expired.
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By REPUBLICA

KATHMANDU, Nov 2: A petition has been filed in the Supreme Court claiming that the appointment of Sushila Karki as prime minister is unconstitutional. Advocate Dr Punya Prasad Khatri submitted the petition, arguing that President Ram Chandra Paudel bypassed constitutional provisions when appointing former Chief Justice Karki as prime minister following the Gen Z  movement.



The petition states that under Article 80 of the Constitution, a former chief justice is not eligible to become prime minister. It also claims that the president violated Articles 76 and 132(2). The speaker of the House of Representatives, chairperson of the National Assembly, and political parties have also been made respondents in the case.


The petition further notes that the Constitution of Nepal 2072 does not grant the president the authority to remove obstacles, and the period for exercising such power under Article 305 has already expired. Advocate Khatri argues that in these circumstances, the “doctrine of necessity” cannot be invoked.


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