July 12: The Supreme Court has once again issued a verdict to reinstate the House of Representatives which was dissolved by President Bidya Devi Bhandari upon the recommendation of Prime Minister KP Sharma Oli on May 22.
In its landmark verdict issued today (July 12), the five-member constitutional bench headed by Chief Justice Cholendra Shumsher JB Rana quashed the decision of President Bhandari to dissolve the lower House and fix the mid-term elections for November.
The constitutional bench’s verdict has not only reinstated the House, but also paved the way for Nepali Congress President Sher Bahadur Deuba to become the upcoming Prime Minister.
In line with the petitioners’ demand, the Constitutional Bench issued a mandamus order to President Bhandari to appoint Nepali Congress President Deuba as the Prime Minister by 5 PM tomorrow (July 13).
With the court’s landmark verdict, Deuba will now succeed Oli as the country’s new Prime Minister.
Stating that incumbent Prime Minister Oli did not complete the process of Article 76 (4) that requires the Prime Minister to win a confidence vote in the House, the Constitutional Bench ruled that President Bhandari’s decision to dismiss Deuba’s claim on the post of Prime Minister was not constitutional.
After President Bhandari rejected both claims of Prime Minister Oli and Nepali Congress President Deuba of having support of majority of lawmakers to form the government as per Article 76 (5), Prime Minister Oli on May 22 had recommended her to dissolve the House and announce mid-term elections for November.
Although President Bhandari dissolved the House and set mid-term elections for November, the move was immediately challenged at the Supreme Court by 146 lawmakers from the main opposition Nepali Congress and other political parties as well as ruling CPN (UML)’s disgruntled faction led by former Prime Minister Madhav Kumar Nepal.
The Constitutional Bench of the Supreme Court also ordered President Bhandari to summon the House session within seven days of its verdict.
