What’s in the SC verdict? (with full document)

Published On: July 12, 2021 03:51 PM NPT By: Republica  | @RepublicaNepal

KATHMANDU, July 12: The Supreme Court (SC) on Monday reinstated the House of Representatives (HoR) which was dissolved by President Bidya Devi Bhandari upon the recommendation of the Prime Minister K P Oli-led Cabinet on May 22 for the second time in six months. 

Issuing its final verdict on the writ petitions filed against the dissolution of parliament, the apex court also passed a mandamus in the name of the Office of President to appoint Sher Bahadur Deuba as new prime minister of the country by Tuesday. 

Here are the major highlights of the apex court’s verdict on parliament dissolution case

> Recent move of President Bhandari to dissolve parliament is against the spirit of the February 23 order of the Supreme Court.

> Such a practice of dissolving parliament may have have a negative impact on the constitutional system of the country 

> President Bhandari’s decision to dismiss the claim made by Nepali Congress President Sher Bahadur Deuba for the appointment of new prime minister as per Article 76(5) of the constitution goes against the constitution.

> New session of HoR should be summoned by 5 PM on July 18

> CPN UML’s KP Sharma Oli can’t be appointed as the prime minister in accordance with Article 76 (5) as he opted not to take a trust vote as required in Article 76 (4)

> As NC President Deuba was supported by 149 members of the 275-member House, the claim made by President Bhandari that Deuba ‘did not have a basis to win parliament’s confidence’ is erroneous.

> NC’s Deuba be appointed as the prime minister by 5 PM on July 13

> No member of parliament can be imposed whip or taken action against as per the Political Party Act -2017 just because he/she decides to extend support to a candidate staking claim to form a new government as per Article 76 (5).

Check the full verdict below: 


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