On Tuesday, the UML filed a writ petition demanding the re-establishment of the House of Representatives.
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UML has approached the Supreme Court, claiming that the dissolution of the House of Representatives was unconstitutional. On Tuesday, the UML filed a writ petition demanding the restoration of the House of Representatives.
The then parliamentary party chief whip Mahesh Bartaula and whip Sunita Baral have signed and filed the writ petition on behalf of the UML.
Regarding the filing of the writ petition, Bartaula says, 'I would like to inform you that a writ petition demanding the restoration of the unconstitutionally dissolved House of Representatives has been filed in the esteemed Supreme Court today on behalf of the CPN-UML parliamentary party (unconstitutionally dissolved House of Representatives).' Supreme Court spokesperson City Registrar Arjun Prasad Koirala informed that the writ petition filed by the UML is being studied.
The then ruling party Congress will also file a similar writ petition in a day or two, informed leader Shyam Ghimire. Earlier, the two parties in the then coalition had signed a joint writ petition demanding the restoration of the House of Representatives with the support of the majority of the dissolved parliament. But since the two parties did not reach a majority even after joining, they will file separate writ petitions.
There were 78 UML MPs in the dissolved parliament, including the Speaker. Of these, 75 signatures had been collected, leaving one Speaker and two suspended. However, since the Congress party was more inclined to go for elections than to restore the House of Representatives, not all of them could sign.
Demands made by UML in the writ petition
• Since the appointment of Prime Minister Sushila Karki, who is not a member of the House of Representatives, has been appointed as the Chief Justice of the Supreme Court, is not supported by the parliamentary party of any political party, and was appointed unconstitutionally in violation of Article 76 and Article 132(2), is prima facie unconstitutional, an order should be issued to seek a review of her appointment as Prime Minister.
• The decision of the Honorable President dated Bhadra 27, 2082 appointing Sushila Karki as the Prime Minister, as well as the swearing-in ceremony of the Prime Minister and other appointments made on the basis thereof, shall be annulled by the order of the motion. In addition, all illegal and unconstitutional actions, decisions, and appointments made by the opposition after the appointment of the opposition Prime Minister shall be annulled by the order of the motion.
• The decision of the Honorable President dated Bhadra 27, 2082 to dissolve the House of Representatives on the sole recommendation of Prime Minister Sushila Karki shall be annulled by the order of the motion, and the period after Bhadra 24, 2082 shall be considered as zero period, and a mandate order shall be issued in the name of the opposition, including the restoration of the House of Representatives and all organs and bodies of the state that existed on that day shall continue to function as before.
• In the event that the then Prime Minister KP Sharma Oli has resigned from his post, a mandate should be issued in the name of the Honorable President to initiate the process as per Article 76 of the Constitution for the formation of a new government.
• A mandate should be issued in the name of the Honorable Speaker and the Parliament Secretariat to make necessary arrangements to convene a meeting of the restored House of Representatives.
• Since the election of the House of Representatives, which was supposed to be held by the unconstitutionally appointed Prime Minister Mr. Sushila Karki and the government led by him, is automatically unjustified after the restoration of the House of Representatives, all activities related to the election of the House of Representatives should be issued and stopped.
• Considering the seriousness and sensitivity of the matter, since a decision should be taken soon on the presented matter, a written response from the opponents to the presented writ petition should be sought and a hearing date should be fixed and a continuous hearing should be held.
