Nepal Supreme Court overturns Oli’s House dissolution
Constitutional Bench has asked the government to call a House meeting within 13 days.
In a landmark decision, the Supreme Court on Tuesday overturned Prime Minister KP Sharma Oli’s December 20 decision to dissolve the House of Representatives and asked authorities to summon a meeting of the Parliament within 13 days.
The Constitutional Bench led by Chief Justice Cholendra Shumsher Rana observed that the decision to dissolve the House was unconstitutional as there still was a possibility of forming a new government.
In his letter recommending President Bidya Devi Bhandari that the House be dissolved, Oli had argued that he controlled 64 percent of majority in the House, that there was no possibility of forming a new government and that the country needed a fresh mandate of the people to ensure stability.
The Rana-led bench which has Justices Sapana Pradhan Malla, Anil Kumar Sinha, Bishowambhar Prasad Shrestha and Tej Bahadur KC as members, passed a unanimous verdict, which analysts and political parties have described as the victory of the constitution.
The bench said that the government failed to provide sufficient grounds to dissolve the House by citing Articles 85, 76(1), 76(7).
Though Oli had said he was forced to dissolve the House because infighting in his Nepal Communist Party created obstacles for him to govern, the bench refused to dwell on the intentions.
Since the dissolution was unconstitutional, the House of Representatives is capable of performing its duties after being reinstated, the bench said in its verdict.
kathmandupost.com, 02 March2021