The apex court has said it decided to quash the petition as holding prime ministerial election from a parliamentary meeting is purely the sovereign parliament´s prerogative and that the judiciary can´t interfere into the legislature´s business. [break]
"As per the established judicial principle of the parliament´s internal prerogative in electing prime minister, parliamentary practice, separation of power and the principle of harmonious construction, this doesn´t fall under the judicially manageable standard," read the decision of the SC. The apex court said it decided not to interfere in parliament business on voluntary self restraint.
The court said that it even didn´t see any necessity of seeking reply in writing from the defendants as there was no meaningful relation with the controversial issue.
The court has termed the petitioners´ claims unacceptable, fictitious, groundless and subjective statements.
Advocates Bhabishwar Gurung and Kumar Acharya, in their petition, said that the decision to withdraw Khanal´s candidacy was not in accordance with the interim constitution. Gurung is believed to have close links with UML leader Bamdev Gautam.
Senior UML leader and Prime Minister Madhav Kumar Nepal, who proposed Khanal´s conditional candidacy in the voting held on July 21, later withdrew the proposal saying that the UML chairman failed to line up support of 401 lawmakers in writing before the voting.
UML central committee had earlier decided that the party would field Khanal in the prime ministerial race only if there is concrete ground toward forging two-thirds majority.
Prime Minister Nepal, Chairman Khanal, Speaker Subas Nembang and parliament were made defendants in the petition.
The petitioners claimed that the condition put forth by the UML for its chairman was against the constitution as anyone securing votes of 301 lawmakers can be elected for the country´s top executive post.
Some UML leaders and parliamentary members close to K P Oli termed the petition a ´farce engineered by Gautam and Khanal´.
After withdrawal of Khanal´s candidacy, UCPN (Maoist) Chairman Pushpa Kamal Dahal and Nepali Congress (NC) parliamentary party leader Ram Chandra Poudel are in the fray.
During the two rounds of voting that failed to yield any result, UML stood neutral saying its lawmakers would cast their votes only if there is a possibility of electing a government commanding two-third majority in the House.
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