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A writ has been registered in the Supreme Court saying that the appointment of UML President KP Sharma Oli as Prime Minister is unconstitutional. Advocates Deepak Adhikari Khagendra Prasad Chapagain and Shailendra Kumar Gupta have filed a writ in the Supreme Court demanding an injunction.
Govinda Prasad Ghimire, information officer of the Supreme Court, who has set a date for the hearing on the said writ on July 6, informed. In the writ, it is mentioned that in case the government does not receive a vote of confidence according to Article 76(2) of the Constitution, the President should call for the formation of the government according to Article 76(3) of the Constitution. In the writ, the President's Office, Federal Parliament Secretariat, Congress Parliamentary Party Leader Sher Bahadur Deuba, CPN UML Parliamentary Party Leader KP Sharma Olil and others have been made opponents. It is said in the
writ, 'According to Article 76(2), the appointed Prime Minister shall take a vote of confidence to obtain legitimacy. Validity is maintained with a vote of confidence. If the vote of confidence is not received, the constitutional validity ends . According to sub-section (2), if it continues to roam forever, there would be no need for provision of sub-section (3) or (5). Therefore sub-section (2) If the Prime Minister appointed according to cannot get a vote of confidence, the leader of the largest party should be automatically appointed by the President as the Prime Minister .
It is further stated in the writ, 'In the event that the government does not receive a vote of confidence in Article 76(2) of the Constitution, the President of the Constitution should call for the formation of the government in accordance with Article 76(3) of the Constitution dated 2081/3/28 According to the letter issued by the President's Office, since the President has called for the formation of the government in accordance with Article 76, Clause (2), the constitutional arrangement has been violated by the Guardian President. Because according to the constitution, if the government of 76 (2) fails to get a vote of confidence, in the event that the coalition government is removed, the process of forming a new government will have to go to 76 (3). After the dissolution of the government according to 76 (2), a new government should be formed according to 76 (3) - If the government formed according to Article 76 (2) of the Constitution fails to confirm the vote of confidence, the formation of a majority government is called under the same article or according to 76 (3) a large party of the Parliament will remove the government. When it comes to leadership, this issue is not a matter of the president's discretion, but a mandatory issue clarified by the constitution.'
