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HoR dissolution: Attorneys argue PM has right to dissolve parliament

Kathmandu, Feb 7 

The hearing on the case relating to dissolution of House of Representatives (HoR) has been going on in the Supreme Court. During the hearing, attorneys pleading in favor of government argued that Prime Minister elected by the people has constitutional rights to dissolve HoR. On the 19th day of hearing on Sunday, Deputy Attorney General Dr Teknarayan Ghimire, Joint Attorney Generals Shyam Bhattarai and Uddhav Pudashaini and Deputy Attorney Dasharath Pangeni and advocate Ramesh Badal pleaded on behalf of PM KP Sharma Oli. They reiterated that PM had such rights in the parliamentary system.

Dr Ghimire asserted that PM Oli dissolved HoR due to political reason in the parliamentary system. “The HoR was dissolved in line with Section 76 (7) of constitution,” he reminded. Similarly, Bhattarai said PM Oli dissolved the HoR being within the constitutional jurisdiction. He has the authority to exercise his rights as per constitution, Bhattarai stressed. Pudashaini also viewed that HoR dissolution was a political issue. “Court is not dragged into controversy on political dispute till date,” he said, arguing that PM has the right to dissolve HoR even within its five-year term. Moreover, advocate Badal underscored that it was logical on behalf of the President to dissolve HoR upon the recommendation of PM.

“If the PM with people’s mandate is obstructed from doing his works, he/she can go for election, which is constitutional,” he buttressed. Meanwhile, Chief Justice Cholendra Shumsher JB Rana reminded the legal practitioners that the hearing on the writ petition on HoR dissolution should be completed within this week. After the pleading is over on behalf of PM, the pleading begins on behalf of Speaker and then the amicus curie. The hearing has been continuous in the constitutional bench of CJ Rana, and Justices Bishwombhar Prasad Shrestha, Anil Kumar Singha, Sapana Malla and Tej Bahadur KC.

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