Parliament Dissolution Case

Petitioners' call for full bench rejected, Constitutional bench to decide fate of dissolved parliament

Published On: January 16, 2021 08:11 AM NPT By: Republica  | @RepublicaNepal

KATHMANDU, Jan 16: While rejecting the call of petitioners to take the case to full bench, the Supreme Court on Friday ordered that the hearing on the writ petitions filed against the dissolution of House of Representative (HoR) would be conducted by the constitutional bench itself.

Stating that the case of parliament dissolution is a serious case of judicial interpretation, the apex court ruled that the hearing on the writ petitions against parliament dissolution would be made by the five-member constitutional bench. The apex court made this decision after two continuous hearings conducted on Thursday and Friday.

The apex court had formed a five-member constitutional bench under Chief Justice Cholendra SJB Rana. This includes Justices Bishwambhar Prasad Shrestha, Tej Bahadur KC, Anil Kumar Sinha and Sapana Pradan Malla as members.

The apex court’s ruling comes in the wake of the writ petitioners demanding a full bench for the hearing of the case. The petitioners have argued that the case of house dissolution does not fall within the jurisdiction of the constitutional bench.

Defendants of the case have been maintaining that the case on the dissolution of parliament be resolved through the constitutional bench. The latest ruling of the apex court has turned in their favor.


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