During the hearing on the writ petition against the dissolution of House of Representatives at the Supreme Court, senior advocate Shambhu Thapa suggested paving the way for Nepali Congress President Sher Bahadur Deuba to be the country’s prime minister.
Thapa put forward this argument during the hearing of the writ by a constitutional bench of Chief Justice Cholendra Shumsher JB Rana, and Justices Deepak Kumar Karki, Meera Khadka, Ishwor Prasad Khatiwada and Anand Mohan Bhattarai today.
While arguing for the petitioner, Thapa stated that since Prime Minister KP Sharma Oli could not win the vote of confidence in the House as per Article 76 (4) of the Constitution, the prime minister automatically loses their post. He further argued that there is a provision to win the vote of confidence within 30 days but since Oli had already stated he could not win the confidence vote he should have been relieved of his position.
Senior advocate Thapa further argued that since PM Oli could not win the vote of confidence he was automatically relieved of his position. He said that the Constitution protects our parliamentary democracy and since Article 76 relates to parliamentary democracy if it is not utilised then it means that the constitution has failed.
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