Kathmandu, July 5- Chief Justice Cholendra Shumsher JBR has asked the constitutional bench whether there was condition to form an alternative government without CPN (UML). Chief Justice Cholendra questioned at the constitutional bench comprising himself as well as Justices Dilip Kumar Karki, Meera Khadka, Ishwor Prasad Khatiwada and Dr Aananda Mohan Bhattarai here today while hearing was ongoing on the dissolution of the parliament by President Bidya Devi Bhandari on May 21.
The Chief Justice interrogated, “Does Article 76 (5) of the Constitution of Nepal only have provision for appointment for Prime Minister or does it have provisions for other purposes as well? Is there any possibility to form an alternative government apart from CPN (UML)?”.
Senior advocate Harihar Dahal responded, “Not only Nepali Congress, members from CPN (Maoist Centre), Janamorach and some members of CPN (UML) have also voiced for forming an alternative government.”
Advocates Dahal, Shambhu Thapa and Badri Bahadur Karki on behalf of writ petitioners are to present their counter-arguments on the issue today in the constitutional bench. They only had two hours of timeframe allocated today to put forth their counter-arguments.
While presenting their counter-arguments, advocate Dahal argued that the parliament could not be dissolved until an alternative government was formed and they were in the court to making a headway to form an alternative government.
Likewise, senior advocate Karki argued that a situation has surfaced to form a government by Nepali Congress President Sher Bahadur Deuba in accordance with Article 76 (5) after there is no condition to form a government by the CPN (UML) alone.
A total of 30 writ petitions were filed against the HoR dissolution. As many as 146 lawmakers including Nepali Congress (NCP) President Sher Bahadur Deuba have filed the writ petition demanding reinstatement of the HoR and appointing Deuba as the Prime Minister.
The hearing continues as advocate Thapa is currently presenting his counter-arguments in course of reply debate in the constitutional bench. (RSS)
