KATHMANDU, June 30: Senior Advocate Sushil Panta has argued that no case can be filed against the President.

During a hearing on the House of Representatives (HoR) dissolution case, Panta pleading the case on behalf of Prime Minister KP Sharma Oli, contended that no case could be filed against the President. 

"As per the principle of natural justice as well, no case can be lodged against the President," he argued and asked if the President's step (of dissolving the House of Representatives) is wrong, then why wasn't the Office of the President made a defendant in the case.

Senior Advocate Panta stressed that the President had only implemented the recommendation for the dissolution. He also argued that there could be no ground for appointing the Prime Minister when the same lawmakers have signed the applications of both parties staking claims to the post of Prime Minister. "Article 76(5) of the Constitution demands a party for the purpose of appointing the Prime Minister. If it was not the case, then Article 75 (2) would not be necessary."

Referring to the writ filed by 146 lawmakers in support of appointment of Nepali Congress president Sher Bahadur Deuba as the Prime Minister, Panta argued that a writ does not recognize more than five petitioners and there could not be 146 petitioners signing a single writ.

 
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