Petitioners also seek dismissal of seven newly-appointed ministers on constitutional ground
KATHMANDU, May 17: A writ petition has been filed in the Supreme Court demanding Prime Minister KP Sharma Oli to take oath of office and secrecy again.
Senior Advocate Chandra Kant Gyawali said that the writ petition filed on Sunday was approved by the apex court administration for registration and fee was also paid for the same.
Oli did not utter the word ‘promise’ as he took oath of office and secrecy as prime minister on Friday. When President Bidya Devi Bhandari repeated 'I promise' during the swearing-in ceremony, the Prime Minister replied that ‘it was not necessary’. An order has been sought in the writ petition saying that the President has also been humiliated by this.
The writ petition also calls for the immediate enactment of a federal law on the format of the oath to be taken by the prime minister and ministers. As no federal law has been enacted so far, the format of the oath to be taken by the Prime Minister and the Minister has not been formulated yet and the writ has demanded the apex court to issue a directive for the same.
Senior Advocate Gyawali, Advocates Lokendra Bahadur Oli and Keshar Jung KC filed the writ petition at the Supreme Court on Sunday. The petitioners have also sought dismissal of seven ministers, who were reappointed against the constitution.
Stating that when a minister is reappointed, s/he needs to be the member of federal parliament, the writ has demanded the dismissal of the reappointment in violation of the constitution. A total of seven ministers, who are not members of the federal parliament, had taken the oath of office and secrecy for the second time on Friday against the existing constitutional provisions.
Manichandra Thapa and Dawa Lama Tamang, who are not members of the parliament, were sworn in as ministers for the first time on December 26, 2020. Top Bahadur Rayamajhi, Lekhraj Bhatta, Prabhu Sah, Gauri Shankar Chaudhary and Ram Bahadur Thapa, who were not members of the federal parliament, were sworn in as ministers on April 9, 2021 and April 18, 2021, respectively. The seven leaders were sworn in as ministers for the second time even as they are not members of the federal parliament. There is a provision that a person who becomes a minister without becoming a member of the federal parliament must obtain such membership within six months from the date of taking the oath of office and secrecy.
If he fails to get the membership of the Federal Parliament within the period as per Article 78 (3) of the Constitution, he will be barred from re-appointment to the post of Minister during the tenure of the House of Representatives. "The Prime Minister has violated Articles 78 (2) and (3) and Article 76 (9) of the Constitution of Nepal by re-appointing them as a minister for the second time as the constitution prohibits it," the writ petitioners claimed.
When one becomes a minister for the first time, even if they are not a member of the House of Representatives, they can be in the position for six months. However, there is a constitutional provision that a person cannot become a minister for the second time without being a member. The writ petitioner has demanded that the Prime Minister should not take any action without taking oath again and not even allow the ministers to take action until the final decision of this writ petition is taken.