KATHMANDU, July 29: The Supreme Court (SC) will hear a writ petition challenging the appointment of KP Sharma Oli as the Prime Minister on August 14.
The petition argues that the wrong constitutional provision was used for Oli's appointment. It will be the first hearing on the case to be conducted by the constitutional bench.
Chief Justice Cholendra SJB Rana to hear writ petition against...
The hearing will be conducted by a five-justice panel, including the Chief Justice, in the Constitutional Bench.
On July 21, the Supreme Court's single bench directed the petition to the constitutional bench for the interpretation of Article 76 of the Constitution. Justice Balkrishna Dhakal, who presided over the single bench, noted the need for clarification on this constitutional provision.
President Ram Chandra Paudel appointed UML Chairman KP Sharma Oli as the PM under Article 76 (2) after Pushpa Kamal Dahal, the former Prime Minister, failed to secure a vote of confidence. The petitioners contend that a new Prime Minister should have been appointed under Article 76 (3), which would have required consideration of the parliamentary party leader of the largest party.
With several cases pending at the constitutional bench, it remains uncertain whether this writ petition will be heard on August 14. The SC will announce the schedule for hearings. If the hearing on writ petition will take place, the focus will be on whether to issue an interim order.