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President’s Office to the SC: President’s decision cannot be overturned by the court



President Bidya Devi Bhandari administers the oath of office and secrecy to Prime Minister KP Sharma Oli (right) at Sheetal Niwas, Kathmandu on Friday, May 14 2021. (Photo: ET)

KATHMANDU: The Office of the President has sent a written reply to the Supreme Court on the issue of dissolving the House of Representatives, saying that the actions and decisions taken by the President in accordance with the constitution cannot be overturned by the court.

FILE PHOTO — President Bidya Devi Bhandari administers the oath of office and secrecy to Prime Minister KP Sharma Oli (right) at Sheetal Niwas, Kathmandu on Friday, May 14, 2021. (Photo: ET)

Sending a written reply to the Constitutional Court hearing the issues related to the dissolution of the House of Representatives, the President’s Office has demanded to quash the writ petition filed against the President.

“The actions and decisions taken by the President herself in accordance with the constitution cannot be overturned by the court and an order cannot be issued to appoint a certain person as the prime minister,” the President’s office said. “It is clear that such a demand is unconstitutional in itself.”

The Supreme Court had sought reply from the President’s Office on the writ petition filed by 146 members of the House of Representatives seeking appointment of Sher Bahadur Deuba as the Prime Minister in accordance with Article 76 (5) of the Constitution.

It is stated in the written reply that the constitution has provided that no case will be filed against the President for the work even during his/her tenure or retirement.

Similarly, the written reply states that the President has the right to appoint the Prime Minister as per Article 76(5) of the Constitution.

According to Article 76 (5) of the Constitution, it has been ascertained whether the Prime Minister has the basis to get a vote of confidence or not.


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