Advocate Premraj Silwal, one of the writ petitioners, said that the hearing scheduled for December 18 has been postponed to December 19 as written responses from all parties have not been received.
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The hearing of the petition filed against the dissolution of the House of Representatives has been postponed. The hearing, which was scheduled to be held in the Constitutional Court on Friday, was postponed after all the opposing parties did not submit their written responses.
The hearing scheduled for December 18 has been postponed to December 28 as written responses from all parties have not been received, said advocate Premraj Silwal, one of the petitioners. According to him, that day is just a regular date. A hearing will have to be scheduled for the hearing of the case.
The Supreme Court will set a new date for the hearing on that day if written responses from all parties are submitted. If written responses from all opponents are not received, it will only give a new date. Earlier, the hearing scheduled for December 22 was also postponed due to lack of evidence.
Initially, legal practitioners also filed a writ under public concern. Then a writ was filed on behalf of the UML. For the third time, the writ was filed by the Chief Whip of the Nepali Congress. A supplementary writ was filed in that writ again, demanding that 57 Nepali Congress MPs, including MPs from other parties, be added to it. The delay is due to the order to keep all these writs together and hear them together.
The last time an order was issued to show cause and demand a written response in the writ petitions of UML and Congress. Advocate Silwal said that the hearing is being postponed as all the opponents have not submitted written responses in those writ petitions so far. Supreme Court spokesperson Arjun Prasad Koirala said that since the bench had ordered that written responses be sought from all the opponents and that they be submitted for the final hearing immediately after submission, only a general date was given without setting a date for submission. He clarified that the final hearing will be scheduled procedurally after everyone's written responses are submitted.
Initially, on Kartik 12, the Constitutional Bench of the Supreme Court had ordered the opponents to submit a written response within seven days. The Supreme Court had initially given seven days and an additional seven days to submit a written response within 15 days. Although written responses were received in those writ petitions, written responses have continued to be received after the order on Mangsir 17 in the writ petition filed by CPN-UML and on Poush 2 registered by Congress. The final hearing will be held only after the written responses are submitted in all these writ petitions.
The Supreme Court had ordered that the final hearing be held after the written responses of all parties are filed. However, the final hearing has been postponed as not all written responses have been filed so far. 17 writ petitions have been filed against the dissolution of the House of Representatives. Although the initial hearing has been held in these writ petitions, the second hearing has not yet been held.
Although the Constitutional Bench refused to issue an immediate interim order, it ordered the submission of a written response through the Attorney General's Office. The Office of the President and the Prime Minister's Office have been named as defendants in the writ petition. The Bench has stated that the petitioner's demand can be considered only after the final hearing on the writ petition.
During the previous debate, the legal practitioners of the writ petitioner had argued that the interim government was formed against the constitution and the House of Representatives was dissolved. They had also demanded that an interim order be issued preventing the Sushila Karki-led government from doing anything other than preparing for the elections.
President Ram Chandra Poudel dissolved the House of Representatives on Bhadra 10 on the recommendation of the interim government. A writ petition was filed in the Supreme Court against this. The Constitutional Bench comprising Chief Justice Prakash Man Singh Raut and Justices Sapana Pradhan Malla, Kumar Regmi, Hari Prasad Phuyal and Manoj Kumar Sharma has conducted a preliminary hearing on the 17 writ petitions registered in this manner and has sought only a written response.
