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Petitioners Demand Full Bench Hearing On House Dissolution Case

Chief Justice Cholendra Shumsher Rana’s single bench forwarded the House dissolution case to a five member constitutional bench of the Supreme Court. Petitioners have now demanded a full bench hearing as per Article 128 of the Constitution.

By N24 Staff Writer, KATHMANDU:- The 12 writ petitioners, who filed petitions demanding reinstatement of the House of Representatives, have filed applications at the Supreme Court demanding full bench hearing on those cases.

“We have demanded a full bench hearing on the House dissolution case based on Article 128 of the Constitution,” said advocate Dinesh Tripathi, who filed the case along with Kanchan Krishna Neupane, Deb Gurung and others.

Earlier, a single bench of Chief Justice Cholendra Shamsher Rana held a hearing on all 12 petitions and decided to send them to a constitutional bench of the Supreme Court.

A five member constitutional bench was then formed under the leadership of Chief Justice Rana himself to hear the case. The bench had issued show cause notices against the offices of the Prime Minister, President and Speaker to furnish reasons for the House dissolution.

According to Article 128(2) of the Constitution, Supreme Court will have the final right to interprete a law or constitution and that has to be accepted by all.

Meanwhile, Nepali Congress senior leader Ramchandra Poudel has said that the dissolved House of Representatives has to be reinstated.

Speaking at an interaction program organized by Janata Samajwadi Party (JSP) in Kathmandu on Tuesday, January 5, 2021, Poudel said the Prime Minister did not have the right to dissolve the House.

“It is not a constitution of 2047 BS. It is a brand new constitution where the Prime Minister has no right to dissolve the House and declare election. Until there is an option to form a government from the parliament, the House cannot be dissolved,” said Poudel.

“If it is required, we are even ready to go to the Supreme Court and take part in the ongoing hearing,” Poudel added.

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