[Archive] When the writ of restoration of Parliament was dismissed...

In the eleven-member special plenary session, seven people, including Chief Justice Vishwanath Upadhyay, were in favor of quashing the writ, while four were in favor of issuing the writ.

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[Archive] When the writ of restoration of Parliament was dismissed...

After the Supreme Court dismissed the petition demanding the restoration of the House of Representatives, which was dissolved on August 27, 2051 on the recommendation of Prime Minister Girija Prasad Koirala, there was a lot of debate for and against it.

A writ petition was registered on July 11 demanding the restoration of Parliament. Former MPs Hari Prasad Nepal and Ganesh Pandit and Durga Subedi, husband of current Prime Minister Sushila Karki, and political activist Lokkrishna Bhattarai filed a petition demanding the restoration of the House of Representatives. 

Two months after the dissolution of parliament, the 11-member special plenary session including Chief Justice Vishwanath Upadhyay decided to dismiss the writ and opened the way for elections. 

Seven of the 11 judges, including Chief Justice Upadhyay, were in favor of quashing the writ while four were in favor of issuing the writ. Upadhyay, Surendra Prasad Singh, Hargobind Singh Pradhan, Rudra Bahadur Singh, Mohan Prasad Sharma, Krishnajung Rayamazhi and Gobind Bahadur Shrestha stood in favor of canceling the writ. [Archive] When the writ of restoration of Parliament was dismissed...

The judges argued that the constitution does not determine whether the prime minister can resign and dissolve the parliament at the same time. Although the majority decided that the House of Representatives should not be restored, the judges also had different opinions on other provisions made by the constitution.

In the opinion of Om Bhakta Shrestha, it was mentioned that the Prime Minister should not have both the right to resign and to dissolve the Parliament. After the resignation, an opinion was presented that the recommendation could not be considered constitutional. 

29 lawyers participated in the debate on the writ petition. With that decision, the mid-term elections on 27th October 2051 were confirmed. 

The incident of the cancellation of the writ for the restoration of the House of Representatives was published by Kantipur Daily on August 28, 2051 under the title "Writ regarding the dissolution of the House of Representatives was dismissed by the majority". The news was prepared by journalist Taranath Dahal.

presentation: Rishiram Paudyal  

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