KATHMANDU, July 1: Former Attorney General Agni Kharel has argued that KP Sharma Oli can stake claim to the post of Prime Minister as per Article 76 (5).
Kharel, pleading on behalf of the government at the constitutional bench today maintained that the party whip could be issued while exercising article 76 (5) as well.
He argued that in a parliamentary system, the parliamentarians of one party cannot support another party’s member for the post of PM. Senior advocate Kharel further claimed that the SC cannot issue a mandamus against the President as demanded by the writ petitioners.
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He also said that the reinstated parliament could not form a new government adding that the chance was given to form a new government as per article 76 (2) after the PM failed to get a vote of confidence but it did nothing toward electing a new PM.
Responding to the queries of Chief Justice Rana on the clarity on the difference between Article 76 (5) and 76 (2), advocate Kharel argued that Article 76 (2) is for political party and there is a political party related law on Article 76 (5) as well therefore the party whip is attracted to this article as well.
To another query from the Chief Justice - what if the court issued an order and the President denied the order, Advocate Kharel replied that the President was not mentioned as a defendant in the writ petitions.
The hearing on the case is underway at the Constitutional Bench led by Chief Justice Cholendra SJB Rana and comprises justices Deepak Kumar Karki, Mira Khadka, Ishwar Prasad Khatiwada and Dr Ananda Mohan Bhattarai.
Thirty writ petitions were filed against the dissolution of the House of Representatives.
On May 22, President Bidya Devi Bhandari, on the recommendation of the Council of Ministers, dissolved the House of Representatives and fixed November 12 and 19 as the date for midterm elections. The writs seek declaring the President's decision as unconstitutional and illegal, and reinstatement of the House of Representatives.
