KATHMANDU: Hearing on the case of dissolution of House of Representatives (HoR) is to continue through the constitutional bench.
Supreme Court, today, decided against the formation of a grand full bench to hear the ongoing case.
The constitutional bench -- led by Chief Justice Cholendra Shumsher JB Rana and comprising Justices Bishwambhar Prasad Shrestha, Tej Bahadur KC, Anil Kumar Sinha, and late inclusion Sapana Pradhan Malla -- will continue hearing the House dissolution case from Sunday onwards.
Senior advocate Bishnu Bhattarai, pleading on behalf of the government, was quoted in Rastriya Samachar Samiti as saying -- the hearing could not take place in other benches because law states that it is the prerogative of the constitutional court to interpret matters related to the constitution, and as such, it is the final arbiter on such issues.
Thirteen petitioners had filed a writ against dismantling of Lower House of the federal parliament. They demanded the formation of a grand full bench. Their lawyers had been pleading before the constitutional bench for the same.
In line with this, a discussion was ongoing in the apex court as to whether or not to take the case to an extended full bench, as demanded by the petitioners. The last hearing had taken place on Wednesday, January 13, in which government had disagreed with the petitioners’ demand.
Prime Minister KP Sharma Oli, on December 20, recommended the dissolution of House of Representatives which was approved by President Bidya Devi Bhandari along with announcement of mid-term elections in April-May 2021.