#Hearing on HoR dissolution case

Amicus Curiae to present its opinion from today

Published On: February 16, 2021 07:25 AM NPT By: Republica  | @RepublicaNepal

KATHMANDU, Feb 16: With the pleading by the plaintiffs and defendants on the writ petitions on the case related to the dissolution of the House of Representatives coming to an end on Monday,  the Constitutional Bench at the Supreme Court is receiving arguments from the Amicus Curiae starting from Tuesday.

The Amicus Curiae comprising senior advocates Badri Bahadur Karki, Satish Krishna Kharel, Bijaya Kant Mainali, Purna Man Shakya and Geeta Pathak will present its arguments and opinions on the matter to help the  Chief Justice Cholendra Shumsher JBR-led five-member Constitutional Bench pass verdict on the case involving the dissolution of the lower house of the federal parliament.  

The constitutional bench  Chief Justice Cholendra Shumsher JB Rana and four other justices —Bishwombhar Prasad Shrestha, Anil Kumar Sinha, Sapana Malla and Tej Bahadur KC -- have been hearing the case since January 17 to test the constitutionality of the move of Prime Minister Oli to dissolve the HoR.

The Constitutional Bench is expected to issue its verdict on the case after receiving arguments from the Amicus Curiae. 

As senior advocates on Monday Shambhu Thapa, Raman Kumar Shrestha and Mukti Pradhan presented their counter arguments on the behalf of the writ petitioners, pleading by the plaintiff and defendant on the petition was over. Similarly, advocates Govinda Sharma Bandi, Santosh Bhandari, Sarojraj Ghimire, among others also argued that the dissolution of the HoR goes against the spirit of the Constitution of Nepal. 

The hearing on the case has been  taking place at the apex court since the second week of January after as many as 13 writ petitions were filed seeking the restoration of the 275-member HoR, which was dissolved on December 20 last year by President Bidya Devi Bhandari at the recommendation of Prime Minister KP Sharma Oli. 

Following the dissolution, a faction of the ruling Nepal Communist Party (NCP) led by Pushpa Kamal Dahal and Madhav Kumar Nepal has been staging protest demonstrations across the country citing that it was an unconstitutional and authoritarian move taken by PM Oli. 

The Oli-led faction, on the other hand, has also been holding similar mass assemblies apparently to defend the move to dissolve the parliament and to show its strength. The opposition parties including the main opposition Nepali COngress and Samajbadi Party have also taken to the streets demanding reinstatement of the dissolved HoR.

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