The Supreme Court had overturned the King's announcement to dissolve the House of Representatives and hold mid-term elections on the recommendation of then Prime Minister and UML Chairman Manmohan Adhikari. After the Supreme Court declared the recommendation unconstitutional and reinstated the House of Representatives on Bhadra 12, 2052, Prime Minister Adhikari was removed from office through a no-confidence motion by opposition parties in the Nepali Congress interest.

Congress parliamentary party leader Sher Bahadur Deuba had already received a vote of confidence from the House of Representatives on October 2, 2052. But the UML had been interpreting the Supreme Court's decision to restore the House of Representatives as a politically motivated decision.

The idea that Chief Justice Bishwanath Upadhyay had restored the House of Representatives with a political bias towards the UML was formally made public through his class organization. UML's then general secretary Madhav Kumar Nepal, while delivering the decision to restore the House of Representatives on behalf of the party, expressed his dissatisfaction by holding a press conference in Kathmandu on October 1, 2052, citing the Supreme Court's statement that UML leaders had 'shown me, handcuffed me'. At that time, he had said that he would file an impeachment motion against the Supreme Court judges. Confirming that statement, the UML had filed an impeachment motion against Chief Justice Bishwanath Upadhyay and Judge Surendra Prasad Singh in the Parliament Secretariat.

UML MP Jhalanath Khanal had filed an impeachment motion against Chief Justice Upadhyay and another MP from the same party, Devi Prasad Ojha. The impeachment motion alleged that the judge had not upheld the dignity and integrity of his office. The impeachment motion was registered at the Parliament Secretariat on Asoj 1, 2052.

Pursuant to Sub-rule 1 of Rule 18 of the House of Representatives Rules 2048, Chief Justice Upadhyay and Justice Singh were demanded to be removed from office due to their lack of efficiency and failure to perform their duties in accordance with their office dignity. Although the motion was legal, there was a provision that the motion itself was responsible for explaining the basis and reason for the lack of efficiency, bad conduct or failure to perform their duties in accordance with their office dignity. Therefore, the Parliament Secretariat claimed that Khanal and Ojha, who proposed the impeachment, should have clarified the justification.

It was seen that the impeachment motion was filed only because of dissatisfaction with the Bhadra 12 verdict. But looking at the basis and reason for presenting the motion in the House, there was no factual reason to impeach. Therefore, the then Speaker Ramchandra Poudel had said, ‘Looking at the basis and reason for presenting the motion in the House, it was found that the special bench of the Supreme Court had only commented on the decision points of the order issued on Bhadra 12 in the writ petitions related to the restoration of the House of Representatives.’

Speaker Poudel had rejected the impeachment motion filed by the UML for discussion in the House of Representatives based on the aforementioned context. He had rejected the motion saying that the impeachment motion had not been found to have disclosed the reasons for the lack of competence and bad conduct of the judge with objective grounds in any case.

The Speaker had said, ‘Only the Supreme Court has the right to make the final interpretation of the law.’ Neither the proposing member nor the House of Representatives has the right to reinterpret a constitutional issue that has been decided in court. Therefore, the proposed motion, which is trying to be discussed by expressing disagreement with the interpretation made by the Supreme Court, does not seem to be acceptable. The issue of registering the impeachment had created a stir within the UML party. Those in Adhikari's cabinet had not signed the motion, while some lawmakers had said that they had signed a blank paper without even knowing the subject.

'The UML can only bring the impeachment motion if it wants to identify itself as not a parliamentary democrat,' the lawmaker had said. 'Now we have to take a line like Baburam Bhattarai.' Former UML lawmaker Ganesh Pandit had said, 'We have to play the game within the rules of parliamentary democracy.' The lawmakers had said that they had registered the impeachment motion without even discussing it in the parliamentary party and the party's central committee. But UML MPs Kamal Koirala and Pushpa Pokharel claimed that the impeachment motion was filed after getting it passed by the parliamentary party. A statement published by the UML stated that the parliament has the right to discuss the performance and conduct of judges. The statement stated that the impeachment motion was brought to maintain the dignity and capacity of the constitutional body.

Objection to hiding news

UML MPs, on the other hand, accused the parliament secretariat and the government of hiding news related to the impeachment. In the House of Representatives meeting on Asoj 2, 2052, UML MPs had held a protest for a quarter of an hour over the issue of hiding news. As soon as the meeting began, UML Chief Whip Devi Prasad Ojha said that the government media had hidden information about the impeachment motion against the Supreme Court judges signed by 74 MPs and submitted to the parliament. Ojha had accused the government media of trying to control the flow of information. In response, Nepali Congress MP Govinda Raj Joshi sarcastically asked whether the news of the impeachment was not reported because the UML still had influence in the ministries.

UML MP Jagruti Prasad Bhetwal had said that he wanted to know how much of the media, which was Congress-oriented during the Congress government, has now been Congress-oriented, RPP-oriented and Sangbhavan-oriented. Bhetwal had made this sarcasm targeting the parties in Deuba's cabinet. UML MPs had demanded that the House be informed about the health condition of former Prime Minister Adhikari.

A news report prepared by a team including journalist Taranath Dahal, focusing on the issue of the UML registering an impeachment motion against the Chief Justice and judges in the Parliament Secretariat, expressing dissatisfaction over the restoration of the House of Representatives, was published in Kantipur Daily on 2052 Asoj 3 under the headline 'Speaker rejects impeachment motion'. Kantipur had published news on the same day that the opposition criticized the government in the House of Representatives for hiding information about the impeachment, the UML did not discuss the impeachment proposal internally, and Prime Minister Deuba of the coalition government received a vote of confidence from the House of Representatives.