House Dissolution Case: Hearing underway at Supreme Court

KATHMANDU: Hearing on the case of dissolution of House of Representatives is underway at the Supreme Court.

The case is presently being heard by the constitutional bench led by Chief Justice Cholendra Shumsher JB Rana and comprising Justices Bishwambhar Prasad Shrestha, Tej Bahadur KC, Anil Kumar Sinha, and Sapana Pradhan Malla.

Supreme Court, on Friday, decided against formation of a grand full bench to hear the ongoing case and passed an order that the constitutional bench would adjudicate the case continuously from Sunday.

On Friday's hearing, petitioners’ lawyer Senior Advocate Raman Kumar Shrestha had pointed out that on December 20 the Cabinet decided to dissolve the HoR but the decision did not quote any article of the constitution, except saying that the government wanted to dissolve the HoR to seek two-thirds majority in order to amend the constitution.

However, he added, the President’s Office stated that the HoR was dissolved as per articles 76 (7) and 85 (1), but the government had not invoked those articles in its recommendation to dissolve the Lower House.

Thirteen petitioners had filed a writ against dismantling of Lower House of the federal parliament. They demanded the formation of a grand full bench.

During Sunday’s hearing, written records of discussions held in the constituent assembly during constitution-drafting process were demanded. To this, Chief Justice Rana had agreed to, if such need arose.