Speaker Agni Prasad Sapkota has said that the House of Representatives is the only place to test the vote of confidence after claims were made for the post of the Prime Minister, as per the Constitution.
In his written response today to the Supreme Court in relation to a writ filed by 146 MPs against the dissolution of the House of Representatives, Speaker Sapkota has said that the claim by Sher Bahadur Deuba to be appointed as the Prime Minister as per Article 76 (5) should have been tested at the HoR.
The Speaker also argues that the President does not hold the right to test the basis of the vote of confidence as per Article 76(5) and Article 66, and hence the decision of the President is 'unconstitutional'. Furthermore, he has termed the act of the Prime Minister to declare that the HoR does not have confidence over him but claim to hold a majority in the same house, and then again recommend dissolving the house, as against the norms and values of a democracy.
The act of dissolving the house is contrary to the supremacy of the Constitution and rule of law, and a betrayal of the Nepali people's long-held aspiration for stability and good governance. Speaker Sapkota has also noted that the decision to dissolve the house for the second time was also against the verdict of the Supreme Court in the first instance, and hence a violation of the principle of the law established in the Court's interpretation.
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