Hearing on the writ petitions filed against the dissolution of the House of Representatives continued today at the Constitutional Bench of the Supreme Court.
Senior advocates representing the petitioners presented their respective arguments in the hearing that resumed on Wednesday. Senior advocate Hari Prasad Upreti, Gandhi Pandit, Sher Bahadur KC and Prem Bahadur Khadka argued that party whip does not apply in case of Article 76(5), where members as independent are envisioned to act to save the parliament if the parties failed to do so.
They also demanded that NC President Sher Bahadur Deuba, who submitted signatures of a majority of MPs, should be appointed the Prime Minister.
The hearing will be continued on Friday.
Hearing continued over the writ petition filed at the Supreme Court against the decision of the government to dissolve the House of Representatives. Today was the fifth day of hearing on the main issue of contention.
Seven advocates presented their arguments in favour of three writ petitioners today before the constitutional bench led by Chief Justice Cholendra Shumsher JB Rana.
Putting his arguments against the decision of the government, advocate Om Prakash Aryal said the Constitution does not have any provision for dissolution of the parliament. He also pointed out that the decision of the President to dissolve the HoR on the recommendation of the government was still not published in the national gazette.
Likewise, advocate Tikaram Bhattarai also said that the constitution does not have a provision where the President can dissolve the HoR on the recommendation of the Council of Ministers.
Writ petitioners Gyanendra Aran, senior advocate Gunanidhi Neupane and advocate Thagendra Giri said the act of dissolving the HoR was unconstitutional. So far, 24 legal practitioners representing the writ petitioners have taken part in the hearing, presenting their respective arguments in favour of the writ.
To manage time, the bench has allocated 30 minutes for senior advocates and 15 minutes for advocate to fight on behalf of their respective client. The hearing will continue tomorrow.
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