[Archive] The Supreme Court's opinion that it is appropriate to call a special session...

The majority of the judges had opined that it would be appropriate to call a special session based on the Supreme Court's decision of 12 Bhadra, 2052.

Jestha 25, 2083

Kantipur Reporter

[Archive] The Supreme Court's opinion that it is appropriate to call a special session...

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After learning that the Rastriya Prajatantra Party had signed the no-confidence motion against him, Prime Minister Surya Bahadur Thapa recommended mid-term elections on 24 Poush 2054. On the same day, MPs from the ruling RPP, led by the UML, demanded a special session of parliament. Both demands reached the palace.

The king had sought an opinion from the Supreme Court after he could not easily decide whether to implement the petition for a special session registered by the opposition or to declare the mid-term elections recommended by Prime Minister Thapa. Almost a month after the king sought an opinion, the Supreme Court had given its opinion on 22 Magh 2054 that it was appropriate to call a special session. According to the Supreme Court's opinion, the king had called a special session for 29 Magh.

This had heated up the political atmosphere. Because the parties were divided into two camps. The UML and the RPP Chand faction welcomed the special session, while the founding faction of the Nepali Congress, the RPP Thapa faction, the Nepal Sadbhavana Party and the Nepal Mazdoor Kisan Party reacted to the violation of the Prime Minister's special rights.

Congress MPs who were questioning Girija Prasad Koirala's leadership style supported the special session saying that the parliament was saved. The Supreme Court judges were unable to give a unanimous opinion, giving the parties a chance to express their divided views.

Chief Justice Om Bhakta Shrestha, Keshav Prasad Upadhyay, Krishna Jung Rayamajhi, Udaya Raj Upadhyay, Harish Chandra Upadhyay and Top Bahadur Singh gave their opinions in favor of calling a special session. Justices Mohan Prasad Sharma, Laxman Aryal and Kedarnath Upadhyay gave a different opinion.

The majority of the judges had given their opinion that it would be appropriate to call a special session based on the Supreme Court's decision of 2052 Bhadra 12. At that time, the court had rejected the mid-term elections recommended by Manmohan Adhikari in his capacity as Prime Minister. The Supreme Court judges had informally told Kantipur that they were still basing their opinion on the same. [Archive] The Supreme Court's opinion that it is appropriate to call a special session...

After the special session was called according to the Supreme Court's opinion, a no-confidence motion was certain to be brought against Surya Bahadur. Some RPP MPs seemed very excited as they were going to remove their own party's chairman Surya Bahadur from the post of Prime Minister at any cost. Lokendra Bahadur Chand, the leader of the RPP parliamentary party, had signed the petition. Chand had even formed a separate parliamentary party under his leadership to remove Thapa.

96 MPs, including 87 from UML and 9 from RPP, had petitioned the King demanding a special session. Congress President Girija Prasad Koirala had termed the King's special session a political accident. He expressed dissatisfaction with the Supreme Court's opinion, saying that the Prime Minister should not be prevented from going among the people.

Congress MP Deep Kumar Upadhyay welcomed the special session, saying that the Parliament had been saved from death. He said that Prime Minister Thapa should resign and hand over the leadership to the Congress. His argument was that the Parliament had been saved from premature death. Rajeshwar Devkota, who became the chairman of the new RPP after splitting the parliamentary party, had demanded Prime Minister Thapa's resignation. Sadbhavana Party Chairman Gajendra Narayan Singh had said that he would face a no-confidence motion. [Archive] The Supreme Court's opinion that it is appropriate to call a special session...

UML and RPP Chand faction had petitioned the King to bring a no-confidence motion against him within 93 days of becoming the Prime Minister. UML General Secretary Madhav Kumar Nepal had welcomed the special session, saying that it was justified. UML leader Jhalanath Khanal had said that the Prime Minister should resign and pave the way. RPP leader and Minister Pashupati Shamsher Rana had said that the Supreme Court's opinion had created a situation where the parliament could never be dissolved.

The news, which focused on the situation that arose after the date of the special session of the House of Representatives was fixed as per the Supreme Court's opinion, was published by Kantipur Daily on 23 Magh 2054 under the title 'Opinion from the Supreme Court in favor of the special session: Special session of the House of Representatives on 29 Magh'. Similarly, on the same day, Kantipur had published a news item titled 'Mixed reactions by leaders on the special session being called'.

Presentation: Rishiram Paudyal

Kantipur

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