The UML has authorized the then Chief Whip Mahesh Bartaula and Whip Sunita Baral to file a writ petition demanding the restoration of the House of Representatives.
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The UML is set to file a writ petition in the Supreme Court demanding the restoration of the dissolved House of Representatives. The decision has been taken to file the writ petition through the chief whip and whips of the UML, the second largest party in the dissolved House of Representatives, claiming that the House of Representatives was dissolved unconstitutionally.
The UML, which has already collected the signatures of party MPs, took the decision on Tuesday by summoning members of the dissolved House of Representatives to the party's central office in Chyasal. There are already 17 writ petitions pending in the Constitutional Bench of the Supreme Court against the dissolution of the House of Representatives.
'The meeting has decided to authorize the party's Chief Whip Mahesh Bartaula and Whip Sunita Baral to register a writ petition in the Supreme Court on behalf of the UML Parliamentary Party (unconstitutionally dissolved House of Representatives) demanding the restoration of the dissolved House of Representatives,' the UML said. Bartaula said that he will file a writ petition within 7 Mangsir and go to the Supreme Court against the dissolution of the House of Representatives.
Bartaula said that he will consult with other political parties and members of the dissolved House of Representatives, legal practitioners, constitutional experts, etc. before going to court. He said, 'The party has already decided to go to court against the dissolution of the House of Representatives. We have already collected the signatures of the MPs. In the next few days, we will discuss with the parties represented in the House of Representatives, MPs, constitutional experts and advocates of the rule of law, and immediately go to the Supreme Court demanding a judicial review of the unconstitutional dissolution of the House of Representatives.'
UML has called the dissolution of the Parliament carried out by President Ram Chandra Poudel on 27 Bhadra on the recommendation of Prime Minister Sushila Karki an 'unconstitutionally dissolved House of Representatives'. Oli has maintained that the dissolution of the Parliament carried out by the Prime Minister, which is not recognized by the Constitution, is in no way constitutional and should go to the Supreme Court.
'We reject this and seek legal remedies. We believe that these steps should be subject to a constitutional review,' Oli said, 'There is no other constitutional path for the esteemed court to take except for restoration.' Oli cited the Supreme Court's reversal of the dissolution of the House of Representatives carried out when he was the Prime Minister with a two-thirds majority in the past, and said that the dissolution carried out by the current government cannot be right either. 'I have also overturned the Constitution many times, this government is completely unconstitutional. It cannot claim to be constitutional and democratic,' Oli said.
Stating that standing in favor of the restoration of the House of Representatives would be in favor of the rule of law, the UML has also called on other political parties, parliamentarians and civil society to raise their voices against the dissolution of the House of Representatives. The UML has also decided to hold public demonstrations in favor of nationality, independence, sovereignty, the constitution and the democratic system, demanding the restoration of the House of Representatives.
In addition, the UML has stated that there was a well-planned and conspiratorial infiltration in the peaceful demonstration of Gen-G, and that Chairman Oli had to resign as Prime Minister after looting, vandalism and arson were carried out in the Parliament building on 24 Bhadra, as well as destructive activities.
'UML Parliamentary Party Leader KP Sharma Oli had resigned from the post of Prime Minister and requested the formation of a new government in accordance with the constitution,' the UML said. The UML has also objected to Karki being appointed as the Prime Minister, which goes against the provisions of the Constitution of Nepal regarding the formation of the government and Article 132 (2) that states that a person who has been the Chief Justice of the Supreme Court and a judge shall not be eligible for appointment to any government post.
‘The appointment of a person who is not a member of the House of Representatives as the Prime Minister is prima facie unconstitutional, contrary to the constitution and the public opinion expressed in the 2079 parliamentary elections, public sentiment and the exercise of sovereignty vested in the people, the established constitutional provisions and democratic norms to be followed by elected representatives of the people,’ the UML has said.
Immediately after taking the oath of office as Prime Minister on 27 Bhadra, Karki had sent a recommendation for the dissolution of the House of Representatives to Sheetal Niwas after holding a meeting of the Council of Ministers. Karki was the sole member of the said Council of Ministers. The UML has held that the recommendation for the dissolution made by Karki without even forming the Council of Ministers is against constitutionalism and the rule of law.
‘This meeting of the UML parliamentary party (unconstitutionally dissolved House of Representatives) concludes that the appointment of the Prime Minister and the move to dissolve the House of Representatives are against the constitution and democracy,’ the UML has decided.
