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Constitution has not given separate power to President: Senior ADV Aryal


Nepalnews
2021 Jun 25, 21:51, Kathmandu
This image shows the Supreme Court in Ramshah Path Kathmandu in January 2021. Photo courtesy: Smile Killer

Senior Advocate Shreehari Aryal has argued that the Constitution has not given separate power to President.

Taking part in the hearing of writ petitions on the dissolution of the House of Representatives (HoR) today, senior advocate Aryal demanded the President appoint Nepali Congress President Sher Bahadur Deuba as the Prime Minister of the country. He further argued that Deuba should be appointed as the prime minister to protect the Constitution as well.

In the hearing over the writ petition registered by 146 HoR members, including NC President Deuba, senior advocate Gopal Krishna Ghimire argued that the President has no authority to distinguish the party of the HoR members in case of electing the prime minister as per Clause 76 (5) of the Constitution.

Likewise, advocate Sunil Pokharel said the Constitution has provisioned the dissolution of the HOR in compelling conditions and it should not have been dissolved in the given context of the country. The parliament is the place where the trust in the executive is tested as per Article 76(5) of the Constitution and the President cannot use this authority, he argued.

Advocate Tikaram Bhattarai asserted that the President does not have the authority to state that she would not appoint anyone to the prime ministerial berth as per Article 75 (5). He said the President should fulfil her responsibility. The hearing has come to an end today. 

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Senior Advocate Shreehari Aryal Dissolution of the House of Representatives HoR dissolution House dissolved
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