Petition against the formation of the government and the dissolution of the House of Representatives

The writ register was opened only on Tuesday after the Supreme Court was burnt down during the August 24 demonstration. On the same day as the registration of writs was opened, 10 writs were submitted to the Supreme Court saying that the appointment of the Prime Minister and the dissolution of the Parliament were against the constitution.

आश्विन २९, २०८२

जयसिंह महरा, दुर्गा दुलाल

Petition against the formation of the government and the dissolution of the House of Representatives

What you should know

Petitions have started being filed in the Supreme Court demanding a 'judicial trial' against the interim government of Sushila Karki, which was formed on the strength of the Gen-G movement, and the dissolution of the House of Representatives recommended by the said government. The writ register was opened only on Tuesday after the Supreme Court was burnt down during the August 24 demonstration. On the same day as the registration of writs was opened, 10 writs were submitted to the Supreme Court saying that the appointment of the Prime Minister and the dissolution of the Parliament were against the constitution.

 

According to Supreme Court spokesperson Arjun Kumar Koirala, all writ petitions submitted so far are under study. Spokesperson Koirala said that Premraj Silwal, Yuvraj Paudel, Kirtinath Sharma Paudel, Ayush Badal, Khadak Bahadur Shah, Abhas Pokharel, Ayush Bhandari, Dambar Prasad Sivakoti, Anil Karki and Dal Bahadur Dhami have filed a writ petition and a decision on registration will be made after study. 

Advocate Premraj Silwal reached the Supreme Court as the first writ petitioner on Tuesday. He is ranked number one. In Silwal's writ petition, the appointment of Sushila Karki, the former Chief Justice of the Supreme Court, as the Prime Minister of the interim government on 27 August has been demanded to be annulled as it is against the constitution. In the writ, President Ramchandra Paudel and Prime Minister Karki have been made opponents. 

Silwal has claimed that the formation of the government is illegal because the constitution prohibits a person who is the Chief Justice of the Supreme Court from holding positions of benefits other than the Human Rights Commission. He has demanded that the action prohibited by the constitution should be annulled. His writ demands that the dissolution of the House of Representatives should be annulled as the dissolution of the House of Representatives is also unconstitutional. He has demanded to issue a mandate to restore the Parliament and form the government from within the House of Representatives.

They have submitted to the constitutional bench demanding that the present process should be annulled as the rule of law, democracy and constitutionalism will die. Silwal's demand is to be heard by a constitutional bench in which the Chief Justice is also involved.

22-year-old Ayush Badal of Kavrepalanchok and 24-year-old Vipana Sharma of Sindhupalchok claiming that they are Gen-G have also filed a petition saying that the appointment of the prime minister is unconstitutional. Mentioning that the President has appointed former Chief Justice Karki as the Prime Minister in accordance with Article 61 of the Constitution with the coordination and advice of the Chief of Army Staff, it has been claimed in the writ that all governments must be formed in accordance with Article 76 of the Constitution. On the strength of Yuva (Zen-G) movement, the appointment letter was given as per Article-61 of the Constitution, but it is stated in that Article that the President shall follow and protect the Constitution.

 'Even if we look at it as stated in this article, it is not found that the President has not performed his work in accordance with the Constitution and federal laws,' the writ says, 'The office of the President should initiate the process of government formation according to Article 76 (2) and then (3), but without doing so, the act of appointing a non-MP and a former Chief Justice as the Prime Minister is illegal.' Badal and Sharma are law students. They have also demanded to give priority to the writ with interim order. 

Supreme Court spokesperson Koirala says, 'Some writs have been filed. We will start studying those writs from Wednesday. If no more writs come, a decision will be taken regarding registration, otherwise we are preparing to register at once. So far the subject has not been studied. If it is incomplete or needs to be corrected, it must be returned, otherwise the process of registration or court proceedings will proceed.' 

He said that if the proof and process of registration is not reached, Darpeeth (refusal to register) will be decided only after the study. The Supreme Administration is discussing whether to register the writs that came to the court at once or to register and hear them at the same time. As some writs are registered directly in the constitutional bench and some are registered after requesting a regular bench, there is confusion as to how to fix the fee for the hearing. 

 There is a constitutional arrangement that can go to the constitutional bench through a single bench, so it has to be heard many times. In the past too, the case regarding the dissolution of the House of Representatives was heard and decided by the Constitutional Court itself. Earlier in 2077 and 2078, the Parliament was dissolved twice by KP Sharma Oli and restored by the Supreme Court ruling that it should be revoked by the Constitutional Bench.  Speaker in discussion with

team and lawyers 

Speaker Devraj Ghimire has called the chief whips of the political parties represented in the dissolved House of Representatives to discuss whether to go to court with a writ petition against the dissolution of the House of Representatives. According to Speaker's press expert Shekhar Adhikari, the meeting has been called at 9 o'clock on Wednesday. The chief whips of the party have been called to the Speaker's office at Singhdarbar for their opinions and suggestions.

The then chief whips of political parties such as Congress, UML, Maoist, RSWP, RPRPA, United Samajwadi Party, JSPA Nepal, JSPA, LOSPA, NAUPA, Janmat etc. were called for discussion, the official said. The speaker is also discussing with constitutional law expert, senior advocate and former attorney general. He has also called officials of Nepal Bar Association and Supreme Court Bar Association for their opinion.

Speaker Ghimire was in an informal discussion with legal professionals for a few days. In that discussion, constitutional law experts suggested that it would be appropriate to go to court against dissolution after understanding the views of the parties. They suggested that the Supreme Court cannot annul the dissolution when the parties are divided and go to the court. Even if a public concern petition was filed in the Supreme Court, legal professionals suggested that it would be important if the Speaker himself went.

Sushila Karki recommended the dissolution of the House of Representatives on 27 August after being appointed as the Prime Minister as per the movement and demands of Gen-G. Based on the same recommendation, the President dissolved the House of Representatives and announced the election date for the next 21 February. 

10 writ petitions have been submitted to the Supreme Court on Tuesday against the dissolution of the House of Representatives. It seems that the process of submitting writs to the Supreme Court will continue for a few more days. 

Writ demanding investigation on Oli and the author.

A writ petition has been filed in the Supreme Court demanding an investigation into criminal offenses against the then Prime Minister KP Sharma Oli, Home Minister Ramesh Akhtar, Inspector General of Police Chandrakuver Khapung for suppressing the Gen-G movement. Yuvraj Paudel said that he was involved in suppressing the Gen-G movement and demanded that the responsible officials be investigated and prosecuted for criminal offences. 

In other writs, only the dissolution of parliament was demanded, Poudel, while canceling the dissolution, demanded that those who used force during the Gen-G movement should also be investigated according to regular criminal procedures. Gen-G leaders were pressuring to arrest the then Prime Minister Oli and Home Minister Ekater and the complaint was pending in the police office, the writ was also reached in the Supreme Court. In the

writ petition, it has also been demanded to cancel the petition if there is any pressure from anyone not to investigate them. In the writ, a demand has been made that all those involved in vandalism and arson, including private and public property, should be investigated and prosecuted according to the criminal law.

जयसिंह महरा महरा विगत ९ वर्षदेखि पत्रकारिता गरिरहेका छन् । उनी राजनीतिक घटनाक्रम तथा संसदीय मामिलाका समाचार लेख्छन् ।

दुर्गा दुलाल दुर्गा दुलाल कान्तिपरका पत्रकार हुन् । उनी कानून, न्याय र संवैधानिक मामिलाबारे रिपोर्टिङ गर्छन् ।

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