MPs can’t be imposed whip as per Article 76 (5): SC

Published On: July 12, 2021 03:27 PM NPT By: Republica  | @RepublicaNepal

KATHMANDU, July 12: Nepal’s Supreme Court (SC) on Monday reinstated the House of Representatives (HoR), which was dissolved on May 22. 

Issuing the final verdict, the five-member constitutional bench headed by Chief Justice Cholendra Shumsher JB Rana, interpreted that the parties can not impose whip on the members of parliament as per Article 76 (5) of the Constitution of Nepal. 

The bench that heard the writ petitions filed against dissolution of parliament for more than a month concluded that the parliamentarians can not even taken any action as per the Political Party Act-2017. 

With this, the 26 lawmakers of the ruling CPN-UML  who had extended their support to the Nepali Congress  President Sher Bahadur Deuba, will not be imposed whip. 

Reinstating the House as demanded by the petitioners, the bench issued a mamandus in the name of the Office of President that Nepali Congress (NC) President Sher Bahadur Deuba be appointed as the prime minister in the next two days. 

It is to be noted that Deuba laid a claim to the premiership with the support from the lawmakers of the NC, CPN (Maoist Center), CPN-UML’s Nepal faction, JSP’s Yadav faction and Rastriya Janamorcha.

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