KATHMANDU, July 4: Chief Justice Cholendra SJB Rana has asked the advocates whether the court could order for the appointment of any individual with majority in parliament as the prime minister.

During the ongoing debate at the constitutional bench comprising CJ Rana, and justices Deepak Kumar Karki, Meera Khadka, Ishwor Prasad Khatiwada and Dr Ananda Mohan Bhattarai in the Supreme Court today, CJ Rana questioned senior advocate Megharaj Pokhrel pleading on behalf of Speaker whether Article 76 (5) of constitution had such meaning. 

“We’re 146 lawmakers here. Now, the court should verify it. Arguments came in such a way. Is it good practice the court needs to adopt?” CJ further asked the advocate.

The CJ further asked if the restored House of Representatives failed to form a government and got dissolved again, what would happen to the fixed term parliament.

In the pleading, advocate Pokhrel, however, argued that though parliament had failed to form a government, Article 76 (5) of constitution has the provision to get a prime minister from among HoR members.

Pokhrel further argued that Article 76 (2) and Article 76 (5) are different because Article 76(5) mentions the HoR member who is able to garner majority in his favour, while Article 76(2) is about forming a government with the support of two or more parties.

Although the time for pleading in favour of the Speaker was allocated one hour in the beginning, it was extended by another hour later. The hearing on the HoR dissolution case is still underway at the Supreme Court now. RSS

 
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