The writ filed by Oli against 14 MPs including Madhav Nepal in 2078 has been languishing in the Supreme Court for four years, the next hearing date has not been fixed yet.
What you should know
The petition filed by CPN-UML Chairman and Prime Minister KP Sharma Oli against Unified Samajwadi Party Chairman Madhav Nepal has been stuck in the Supreme Court for four years.
On Tuesday, the bench of Judges Nahkul Subedi and Nityanand Pandey was adjourned for not being able to see it even though it was fixed. The case was scheduled for number 10, but after being heard only up to number 6, it was moved to the next day . According to Supreme Court information officer Nirajan Paudel, the date of the next hearing has not been set.
CPN UML Chairman KP Sharma Oli filed a writ in the Supreme Court on 17 August 2078, demanding the dismissal of 14 MPs of CPN United Socialist Party. Two writs are pending in this dispute. In the writ petition, 14 MPs and the Election Commission, who had been abandoned by the UML, were also made opponents. What is
controversy?
On December 5, 2077, with the dissolution of the House of Representatives, the then Nepal Communist Party (NCP) was divided into KP Sharma Oli group and Prachanda-Madhav Kumar Nepal group. Parliament was re-established on February 11, but the dispute over the authority of the CPN did not end. Instead, on 23 February, the joint bench of the Supreme Court ordered both the CPN-UML and the Maoist Center to return to their pre-unification status.
Pushpa Kamal Dahal Prachanda revived the Maoist center while Madhav Kumar Nepal Group returned to UML led by KP Oli . But within UML Nepal group did not have an easy environment. While taking action and withdrawing, the distance between Nepal and Oli was increasing .
After the Supreme Court overturned Oli's dissolution of the House of Representatives, 23 MPs including Madhav Nepal signed to make Nepali Congress Chairman Sher Bahadur Deuba the Prime Minister according to Article 76 (5) of the Constitution.
But after the then President Bidya Devi Bhandari rejected Oli's claim along with Deuba, Parliament was dissolved for the second time at midnight on 7th June 2078. 146 MPs approached the Supreme Court against it. In this way, the leaders of the CPN were among the ones who filed the case and demanded that the dissolution be annulled.
On 28th June 2078, the Supreme Court issued a decree to restore the Parliament and make Congress President Sher Bahadur Deuba the Prime Minister. On the previous day, 10 points were also agreed upon in UML . But when Deuba gave the vote of confidence on July 3, the controversy in the UML became more heated after the members of the Nepal group crossed the floor and voted.
UML initiated action against 14 MPs including Madhav Kumar Nepal for crossing the floor and doing anti-party activities.
UML together with Nepal sent a letter to the Parliament Secretariat to remove the notice of dismissal of Jhalnath Khanal, Jeevanram Shrestha, Mukund Neupane, Ramkumari Jhankri, Kalyanikumari Khadka, Laxmi Chaudhary, Niradevi Jairu, Pushpakumari Karna, Sarla Kumari Yadav, Kalila Khatun, Antak Khatiwada, Krishnalal Maharjan.
But Speaker Agni Sapkota did not put the notice of resignation and put the action of UML on hold for some time . Prime Minister Sher Bahadur Deuba also brought an ordinance to facilitate the division of parties.
Nepal Group registered a new party Nepal Communist Party (Unified Socialist) on August 2 according to the ordinance. On August 9, the Speaker announced that nothing should be done about the 14 MPs as the parties had already been registered. Initially, UML approached the Election Commission against this decision. After the Election Commission replied that they cannot do anything because the party is registered, UML went to court.
Such is the series of case adjournment
The first hearing in this dispute was held on 22 August 2078. A single bench of Justice Cholendra Shamsher Jabara did not issue an interim order, only issued a show cause order after seeking a written reply. The second hearing was held on 28th August 2078 in the bench of Judges Deepak Kumar Karki and Kumar Chudal and the bench dismissed the case ordering the collection of the file.
was then postponed four times in a row. On 19 February 2078, the bench of Justices Ishwar Prasad Khatiwada and Kumar Chudal issued an order to set a fixed date for the final verdict. After that, the hearing was moved by not being allowed to watch four times in a row and once not being allowed to watch and not being allowed to sit on the bench.
has been postponed once, benched twice, not broadcast 10 times, and unwatchable five times. In this dispute There have been three different orders. Last time, on 29 February 2078, the bench ordered to hold a full hearing from Sunday.
The joint bench had set the date for the final hearing from 6th Chait . But the hearing could not be held on that day. This dispute is also connected with the legitimacy of the unified socialist .
After the government amended the law on political parties and introduced an ordinance so that only 20 percent of the members of the central committee or parliamentary party could split the party and register a new party, the unified socialist party was formed under the leadership of Nepal.
UML has claimed that the act is illegal in a writ. After 30 federal MPs and 55 central members of UML signed in favor of the Unified Socialists, the Election Commission recognized the new party on August 9.
After the Election Commission gave legitimacy to the United Socialist Party, since the UML filed a petition on behalf of President Oli, the Supreme Court will have to explain whether the party's registration was legal or not. It is mentioned in the writ filed on behalf of Oli that 14 MPs who have already been dealt with by UML participated in the identification process for the formation of a new party.
In the writ filed by Oli, it has been claimed that the Election Commission, who did not apply for party registration at the beginning, later included in the identity card, without completing the process without any reason, registered a separate party and issued a certificate in haste, and therefore the legitimacy of the Unified Socialists should be revoked .
