KATHMANDU, June 29: The government attorneys are scheduled to continue pleading on behalf of the government on the House of Representatives (HoR) dissolution case on Tuesday.
Attorney General Ramesh Badal pleaded for more than three hours on Monday arguing that the HoR dissolution was constitutional.
There are eleven lawyers on behalf of the government. Deputy Attorney General Padma Prasad Pande is scheduled to plead for two hours at the constitutional bench comprising Chief Justice Cholendra SJB Rana, senior justices Dipak Kumar Karki, Mira Khadka, Ishwor Prasad Khatiwada and Dr Anand Mohan Bhattarai today. He is to analyze the constitutional provisions relating to Article 76 and whether the President could deny the submission of claims made for the post of prime minister. He is to dwell also on whether the party whip is enforced in the formation of a new government under Article 76(5) of the constitution. Provisions against and practices of floor-crossing in other countries would be pointed out by him.
Taking 20 minutes, another Deputy Attorney General Tek Bahadur Ghimire will argue on the role of political parties for the formation of government as per Article 76 (5) of the constitution. Ten minute time has been allocated to Deputy Attorney General Shyam Kumar Bhattarai, who will argue on the relevance of the dispute by presenting the constitutional values.
Joint Attorney General Gopal Prasad Rijal will try to justify the intention of the Prime Minister on dissolution of HoR. Others in line to plead in favor of the government are- Joint Attorney General Sanjibara Regmi, Lokraj Parajuli, Khemraj Gyawali and Uddhav Prasad Pudashaini and Deputy Attorney General Dasharath Pangeni.
The pleading on behalf of a writ petition filed by 146 lawmakers including Nepali Congress President Sher Bahadur Deuba completed on Sunday.
They were provided 12 hours in total to put forth their arguments. Thirty-six lawyers participated in the pleading and argued that Nepali Congress President Deuba must be appointed Prime Minister, as he had submitted signatures of a majority of lawmakers while fielding himself as prime ministerial candidate before the President. The HoR was dissolved for the second time at the recommendation of the Council of Ministers on May 22. The lawmakers have demanded the reviable of the dissolved HoR.