•      Thu Oct 31 2024
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Supreme Court Hearing: Confidence of HoR should have been taken



Supreme Court of Nepal
Supreme Court of Nepal (file photo)

KATHMANDU: Hearing on the writ petition filed against the government’s decision to dissolve the House of Representatives continued today, the third day since hearing began on the main issue of contention at the Supreme Court.

Five advocates presented their arguments before the Constitutional Bench of the Supreme Court led by Chief Justice Cholendra Shumsher JB Rana. Pleading on behalf of the petitioners, Advocate Rudra Sharma said since the executive needs to take the legislative into confidence, the Prime Minister was not given special powers to dissolve the lower house of the parliament.

Likewise, advocate Harka Bahadur Rawal argued that the Prime Minister cannot dissolve the house when the latter has been providing all necessary support to the head of the executive.

Another advocate Shiva Kumar Yadav said the election was held for a five-year term and hence could not be repeated in three and half years. Advocate Sher Bahadur Dhungana demanded that the dissolution should be annulled as it was against the law, and was unconstitutional.

Senior advocate Dr Chandra Kanta Gywali began commented that the debate on whether the matter is constitutional or political should be looked from the perspective of the Constitution. He will continue his arguments tomorrow.

A total of 310 persons have registered themselves to plead on behalf of the writ petitioners. Hearing on the matter began on January 15, after the apex court decided that it would continue in the constitutional bench. Petitioners had demanded that the case be heard in a full extended bench.

The hearing will continue tomorrow.