Parliament Dissolution Case

Supreme Court Bar Association recommends senior advocates Ghimire and KC as amicus curiae

Published On: June 15, 2021 05:39 PM NPT By: Republica  | @RepublicaNepal

KATHMANDU, June 15: The Supreme Court Bar Association (SCBA) on Tuesday recommended senior advocates duo Komal Prakash Ghimire and Prakash KC as amicus curiae to represent it in the case related to the dissolution of the House of Representatives (HoR) in the Supreme Court.

The senior advocates duo shall represent the SCBA in the HoR dissolution case as the apex court has already scheduled a continuous hearing on the case starting June 23. The executive committee of the SCBA took the unanimous decision recommending Ghimire and KC as amicus curiae. 

Meanwhile, Nepal Bar Association has nominated senior advocate Usha Malla Pathak as an amicus curiae. Sources said the NBA is still looking for another member to represent it as amicus curiae in the hearing of the parliament dissolution case.

On June 10, the apex court had asked the Nepal Bar Association (NBA) and the Supreme Court Bar Association (SCBA) to send two senior advocates each as amicus curiae to help it to pass the final verdict on the house dissolution case.

The apex court on June 9 had decided to seek the help of amicus curiae to decide the case related to the dissolution of parliament. The apex court had sought the help of amicus curiae even to decide the case of parliament dissolution made by Prime Minister KP on December 20, 2020. 

The apex court has said that the final hearing on the case will begin on June 23.

President Bidhya Devi Bhandari had dissolved the House at the recommendation of the Council of Ministers on May 22 on the ground that both aspirants of Prime Ministerial position --KP Sharma Oli and Sher Bahadur Deuba— had failed to establish their claim to be appointed as the head of the government under Article 76(5) of the Constitution.

Challenging the decision of the President, Deuba had filed the writ petition in the apex court showing 146 members in the parliament as he had filed the claim at the office of the President with 149 PMs supporting his bid for the premiership. Deuba in his petition claimed that Oli, who has been continuing as PM under Article 76(3) of the Constitution, cannot claim the position of PM as he had already failed to secure a vote of confidence in the HoR.

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