The Supreme Court has ruled that the writ petition filed by CPN-UML Chairman KP Sharma Oli against Madhav Nepal, the then Chairman of the Unified Socialist Party (currently the Co-Convenor of the CPN), and 14 others will be dismissed after four years.
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The Supreme Court has ruled that the writ petition filed by CPN-UML Chairman KP Sharma Oli against Madhav Nepal, the then Chairman of the Unified Socialist Party (currently the Co-Convenor of the CPN), and 14 others will be dismissed after four years.
On Monday, a bench of Justices Manoj Kumar Sharma and Sunil Kumar Pokharel dismissed the writ petition and issued directive orders on some issues. The Supreme Court has stated that the full text of the directive order will be mentioned in the judgment.
Chairman Oli had written a letter to Speaker Agni Sapkota dismissing 14 MPs of the CPN-UML, which split from the UML, from their posts. But after the Speaker put it on hold for a long time, they formed a new party from the Election Commission. CPN-UML Chairman KP Sharma Oli had filed a writ petition in the Supreme Court on 17 Bhadra 2078 BS. Three writ petitions were pending in this dispute. The writ petition also named 14 MPs who had left the UML, including Nepal, and the Election Commission as defendants. Ramesh Badal, who was the Attorney General during UML Chairman Oli's time and a legal practitioner in the case, claimed that they did not even go to the debate because the justification had run out. He commented that justice given after death would have no meaning. What was the controversy? With the dissolution of the House of Representatives on 20 December 2077, the then Nepal Communist Party (NCP) was divided into the KP Sharma Oli group and the Pushpa Kamal Dahal-Madhav Kumar Nepal group. The parliament was restored on 11 Falgun, but the dispute over the authority of the NCP was not resolved. Instead, on 23 Falgun, a joint bench of the Supreme Court ordered the return of both the CPN-UML and the Maoist Center to their pre-unification status. While Pushpa Kamal Dahal revived the Maoist Center, the Madhav Kumar Nepal group returned to the UML led by KP Oli. But the Nepal group did not have a comfortable environment within the UML. As they continued to take action and withdraw, the distance between Nepal and Oli was increasing.
After the Supreme Court annulled Oli's dissolution of the House of Representatives, 23 MPs, including Madhav Nepal, signed to make Nepali Congress President Sher Bahadur Deuba the Prime Minister as per Article 76 (5) of the Constitution. But after the then President Bidya Devi Bhandari rejected Deuba's claim along with Oli, the parliament was dissolved for the second time at midnight on 7 Jestha 2078. 146 MPs approached the Supreme Court against it. NCP leaders were also among those who filed a case and argued demanding that the dissolution be annulled.
On 28 Asad 2078, the Supreme Court ruled to restore the parliament and issued a mandate to make Nepali Congress President Sher Bahadur Deuba the Prime Minister. The day before that, a 10-point agreement had also been reached in the UML. But on 3 Shrawan, when Deuba gave a vote of confidence, the Nepal group MPs 'crossed the floor' to vote. The dispute in the UML intensified.
UML initiated action against 14 MPs including Madhav Kumar Nepal for crossing the floor and acting against party activities.
UML sent a letter to the Parliament Secretariat to post a notice of dismissal of Nepal, Jhalanath Khanal, Jeevan Ram Shrestha, Mukunda Neupane, Ram Kumari Jhankri, Kalyani Kumari Khadka, Laxmi Chaudhary, Niradevi Jairu, Pushpa Kumari Karna, Saral Kumari Yadav, Kalila Khatun, Birodh Khatiwada, Krishnalal Maharjan.
But Speaker Agni Sapkota did not post the notice of dismissal and put UML's action on hold for some time. Prime Minister Sher Bahadur Deuba also brought an ordinance to facilitate the party split.
The Nepal group registered a new party, the Nepal Communist Party (Unified Socialist), on 2 Bhadra as per the ordinance. On 9 Bhadra, the Speaker announced that nothing needed to be done about the 14 MPs as the party had already been registered. UML initially approached the Election Commission against this decision. After the Election Commission replied that nothing could be done as the party was registered, UML went to court.
