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HoR dissolution is constitutional, PM argues


By Kalika Khadka, KATHMANDU:- Prime Minister KP Sharma Oli has written to the Supreme Court (SC) claiming that the House of Representatives (HoR) was dissolved in a typical and constitutional way as the House could not form an alternative government.
In his 18-point written response to the SC through Office of the Attorney General as per the SC’s order on June 9, the PM said that options for the formation of the new government ended as neither the PM was appointed as per the constitution nor the sitting PM could obtain the vote of confidence which led to the HoR dissolution. “Actually, HoR dissolution is a typical and constitutional move,” PM Oli claimed.
Similarly, the PM has argued that the Constitution of Nepal and Political Party Act, 2073 BS has not exempted the political parties’ members (lawmakers) to go against the party’s decision.
Furthermore, the PM has argued that backing an opponent party leader as the candidate of PM by some HoR members despite their party parliamentary leader’s candidacy for the PM could not be imagined in a parliamentary system.
Likewise, the PM has stated that going for people’s mandate by HoR dissolution was a solely political issue. “Formation or dissolution of the government takes place due to political reasons. The three months after the reinstatement of the HoR have proved those reasons right,” according to the PM.
In the written reply to the apex court, Prime Minister Oli argues that there is no possible of formation of an alternative government. “There was no basis for any government to win a majority based on party affiliation and support when I recommended dissolution of the House of Representatives,” reads the reply.
Referring to the role of the President as the guardian of the Constitution, the Prime Minister says the respected court cannot decide on justice in relation to the adherence of the Constitution by the President.
On another note, the response from the Prime Minister notes that the demand by the writ petitioners in this case is against the basic norms and values of the Constitution and democracy. Article 74 of the Constitution clearly points out that the form of governance of Nepal is based on pluralism and is a competitive federal democratic republican parliamentary system.
Arguing that all citizens would be vaccinated as mentioned in the budget within the next six months, Prime Minister Oli has said that elections will be held by timely management of COVID-19 pandemic. Hence, the argument and claim that elections cannot be held due to COVID-19 are baseless.
In his response, the Prime Minister also calls for protection of the court’s dignity by all parties to the case, including the court itself. Raising questions over the formation of the respected bench itself was unexpected at the onset of the hearing. Furthermore, some of the issues raised in regard to the writ have been heard while some have not been heard.
The Prime Minister has said that he hoped that justice would be done in an impartial and speedy manner from the court, while urging all parties to the conflict to cooperate with the apex court, and uphold its dignity.
Regular hearing on the writ petition filed against the dissolution of the HoR is scheduled to resume from coming June 23. RSS

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