KATHMANDU – Senior advocate Shambhu Thapa has advocated for opening the way for Nepali Congress president Sher Bahadur Deuba to become the Prime Minister.
He presented this argument while pleading on behalf the writ petitioners in the hearings on the case related to the dissolution of the House of Representatives held at the Supreme Court today.
Hearing on the case is taking place in the Constitutional Bench comprising Chief Justice Cholendra Shamsher JB Rana and Justices Deepak Kumar Karki, Meera Khadka, Ishwor Prasad Khatiwada and Dr Ananda Mohan Bhattarai. Senior advocate Thapa contended that such way should be paved for Deuba through an interim order.
Thapa also claimed that KP Sharma Oli is automatically removed from the post of Prime Minister after he failed to obtain a vote of confidence from the House of Representatives as per Article 76(4) of the Constitution of Nepal.
“There is a provision in the Constitution that requires the person appointed Prime Minister to take vote of confidence within 30 days. Since Oli has said he could not muster the vote of confidence, he is already relieved from his post. Oli (ji) is in a position relieved of his post as he did not get the trust vote from the parliament. Our constitution has protected the parliamentary democracy. The provision in Article 76 of the Constitution is related to the parliamentary system. If this is not implemented, the constitution itself is failed,” he argued.
Another senior advocate Mahadev Yadav, pleading on behalf the writ petitioners, argued that the House of Representatives was dissolved as the President did not allowed the formation of government by the HoR.
“We can make four governments as per the Constitution. It is mentioned that the government can be formed in accordance with Article 76, sub-article 1, 2, 3 and 6. Up to sub-article 3, it is the parties that form the government. This process doesn’t hold when the process reaches sub-article 5,” Yadav explained.
The Justices are in discussions after questions were raised in course of the hearings regarding the formation of the Constitutional Bench itself. Justice Khatiwada, who is also on the Constitutional Bench, said it is not appropriate to raise question over the justices appointed on the Bench.