12 writs against house dissolution in CJ Rana's bench
KATHMANDU: All the writ petitions challenging dissolution of House by the government will be taken up by Chief Justice Cholendra Shumsher JB Rana for hearing.
The CJ has assigned 12 writs petitions -- eleven filed on Monday, one on Tuesday -- to his own bench, and will hear them on Wednesday.
The eleven petitioners that had filed the writ on Monday argued that the prime minister does not have the power to dissolve the HoR and his recommendation to do so on Sunday was unconstitutional.
Later on Tuesday, four former lawmakers of Nepal Communist Party (NCP) filed a writ petition at the Supreme Court challenging the same decision.
Petitioners Dev Gurung, Krishna Bhakta Pokharel, Ram Kumari Jhakri, and Shashi Shrestha filed the petition against Prime Minister KP Sharma Oli, Office of the Prime Minister and Council of Ministers, Office of the President and Speaker Agni Prasad Sapkota.
They argued that there is no provision for dissolution of the HoR by a majority government and Article 76 contains provision for dissolution of the HoR only in the beginning when not even a minority government can be formed.
Furthermore, they challenged that unlike in the 1990 constitution, the new constitution does not contain any provision that can give prerogative to the PM to dissolve the HoR.
Another writ, the thirteenth one, has been registered in the constitutional bench and has been listed for hearing Friday.