President has right of evaluating evidence to appoint PM: Advocate Bhattarai

Advocate Ishwari Bhattarai has argued that the President has the right of evaluating the evidence of appointing Prime Minister.

While pleading from the government (defendant)’s side at the constitutional bench on the HoR dissolution case today, advocate Bhattarai, argued that the rights of dissolving the House of Representatives (HoR) on the recommendation of the Prime Minister is vested in President.

He also claimed that the writ petition could not be heard over President’s activities adding that the President dissolved the house on the recommendation of PM in line with the constitution. Advocate Bhattarai also argued that the party whip could be attracted to all lawmakers as per the political party act.

Similarly, advocate Bhojraj Acharya argued that the UML lawmakers cannot go beyond the party decisions as they were not contesting the election in independent status.

Advocate CP Regmi argued that the House was dissolved in line with SC’s verdict of Falgun 11. Likewise, advocates Bishnu Maya Bhusal, Bal Bahadur Rai, Ananta Raj Luintel, and Lokraj Kharel argued that the UML lawmakers cannot exercise otherwise not following the party whip as the constitution has accepted the principle of the parliamentary system.

The hearing on the case is underway at the Constitutional Bench led by the chief justice Cholendra Shamsher JB Rana and comprising justices Deepak Kumar Karki, Mira Khadka, Ishwar Prasad Khatiwada, and Dr Ananda Mohan Bhattarai. Thirty writs were filed against the dissolution of the House of Representatives.

On May 22, President Bidya Devi Bhandari had, on the recommendation of the Council of Ministers, dissolved the House of Representatives and fixed November 12 and 19 as the date for a mid-term election. The writs seek to declare the President's this decision as unconstitutional and illegal and reinstatement of the House of Representatives.