Five judge SC Bench to hear pleas against dissolution of Nepal’s Parliament
Kathmandu, Dec 23: The Supreme Court of Nepal has referred petitions challenging the dissolution of Nepal's Parliament to a Constitutional Bench.
A 5-member bench led by Chief Justice Cholendra Shumsher J B Rana will hear the matter on Friday.
Oli's opponents moved the Supreme Court challenging the dissolution of Parliament. They have termed the decision taken by Oli as a constitutional coup.
Under the Constitution, the Prime Minister has no prerogative to dissolve Parliament, lawyer Dinesh Tripathi, one of the petitioners said.
On Sunday Oli announced that he would be dissolving the Parliament. The decision taken by Nepal's Prime Minister, K P Oli to dissolve Parliament would give him a free hand to run the government also split the party formed in 2018 by the merger of his Communist Party of Nepal (Unified Marxist-Leninist) with the Prachanda's Communist Party of Nepal-Maoist Centre.
Oli's rival Pushpa Kumar Dahal a.k.a Prachanda has been trying to get the upper hand. There have been several rounds of revolts against Oli, with the Prachanda faction demanding a greater say in the government. Oli on the other hand had refused to give in and had given several hints about splitting the party.
Officials tell OneIndia that the issue is Nepal's internal matter. However Delhi continues to keep a close watch on the developments. We are watching the events unfold, but would not want to comment as yet, the official said. The move would anger China as its Ambassador in Kathmandu has been working hard to keep the Nepal Communist Party united.
K P Oli who dissolved Parliament could have a smooth run unless the Supreme Court rejects his decision. Nepal's constitution does not have a provision for dissolution of Parliament, which has a fixed term. In an editorial the Kathmandu Post said that Oli had for quote sometime been facing a legitimacy crisis within the ruling NCP since he lost majority as the faction led by Pushpa Kumar Dahal and others had been seeking his resignation owing to his poor governance and authoritarian impulses.
The matter is likely to end up in the Supreme Court. However Oli who enjoys an over two third majority in the parliamentary party may not be in any danger and the court may just rule in his favour. Moreover some members of the Dahal group such as Industry Minister, Lekha Raj and Home Minister, Ram Bahadur Thapa have refused to resign.