Constitutional Bench: Justices in internal discussion

Published On: June 9, 2021 03:25 PM NPT By: Republica  | @RepublicaNepal


KATHMANDU, June 9: Following a continuous raising of questions regarding the formation of the Constitutional Bench formed to conduct hearings on the House of Representatives (HoR) dissolution case, the Supreme Court justices on the bench are currently engaged in internal discussion.

A member of the bench, Justice Ishwar Prasad Khatiwada maintained that it is not right to raise questions over the Constitutional Bench.

Likewise, senior advocate Shambhu Thapa argued that the Supreme Court must pave the way for appointing  President of Nepali Congress, Sher Bahadur Deuba as the prime minister of the country.  

Advocate Thapa made his point during the hearing conducted by the Constitutional Bench at the apex court today. The bench includes Chief Justice Cholendra Shumsher JBR, and justices Dipak Kumar Karki, Mira Khadka, Ishwar Prasad Khatiwada and Dr Annand Mohan Bhattarai.

Arguing on the behalf of the writ petitioners, Advocate Thapa claimed that PM KP Sharma Oli was automatically relieved from his post after failing to garner a vote of confidence from parliament as per Article 76 (4) of the Constitution of Nepal 2015.

Likewise, advocate Maha Dev Yadav, too, arguing on behalf of the petitioners, maintained that President Bidya Devi Bhandari was unwilling to form a new government, so she dissolved the lower house of parliament.

Meanwhile, the justices assigned earlier to the Constitutional Bench are set to remain there to conduct hearings on the case of parliament dissolution even as the government lawyers demanded that Chief Justice Cholendra SJB Rana remove two justices from the bench. 

 


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