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Twelve writ petition filed against the dissolution of the HoR



KATHMANDU, Dec 21: Twelve writ petitions have been filed in the Supreme Court against the dissolution of the House of Representatives.

According to Devendra Dhakal, Joint Spokesperson of the Supreme Court, one writ petition has been filed in the Constitutional Court and 11 writ petitions have been filed as general category.

He informed that the preliminary hearing of the writ petition of general category has been scheduled for December 23 and Constitutional Court hearing has been scheduled for December 25.

He informed that the writs have been filed against the Prime Minister KP Sharma Oli and the Office of the Council of Ministers. On Sunday, President Bidya Devi Bhandari dissolved the House of Representatives on the recommendation of the Oli-led government in accordance with Article 76(1) and (7) and Article 85 of the Constitution of Nepal.

On behalf of the Constitutional Court, Santosh Bhandari has demanded to stop the dissolution of the parliament saying that the parliament will be dissolved only when the government cannot be formed from the alternative of Article 76.

Similarly, advocates Kanchan Krishna Neupane, Sulabh Kharel, Lokendra Bahadur Oli, Gyanendra Aran, Shalikram Sapkota, Kalam Bahadur Khatri, Maniram Upadhyay, Dinesh Tripathi, Amita Gautam Poudel and Krishna Prasad Sharma have filed writ petitions.

The writ petition on the general side states that the dissolution of the House of Representatives is unconstitutional as there is no provision in the constitution to dissolve the parliament unless the Prime Minister has the prerogative to dissolve the house, the prime minister fails to get a vote of confidence and another government cannot be formed.